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Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  avail'  'lie  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
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Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 


Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  pelliculie 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  g6ographiques  en  couleur 


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I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
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Tight  binding  may  cause  shadows  or  distortion 
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La  reliure  serrie  peut  causer  de  I'ombre  ou  de  la 
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II  se  peut  que  certaines  pages  blanches  ajouties 
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Additional  comments:/ 
Commentaires  supplimentaires: 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
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de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mithode  normale  de  filmage 
sont  indiqu^s  ci-dessous. 


I      I    Coloured  pages/ 


D 


Q 


Pages  de  couleur 


Pages  damaged/ 
Pages  endommagies 


I      I    Pages  restored  and/or  laminated/ 


Pages  restaur6es  et/ou  pelliculdes 

Pages  discoloured,  stained  or  foxe( 
Pages  d6color6es,  tachetdes  ou  piquies 

Pages  detached/ 
Pages  ddtach^es 

Showthrough/ 
Transparence 

Quality  of  prir 

Quality  inigaie  de  I'impression 

Includes  supplementary  materif 
Comprend  du  materiel  suppldmentaire 

Only  edition  available/ 
Seule  Edition  disponible 


I  I  Pages  discoloured,  stained  or  foxed/ 

I  I  Pages  detached/ 

I  I  Showthrough/ 

I  I  Quality  of  print  varies/ 

I  I  Includes  supplementary  material/ 

I  I  Only  edition  available/ 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  in-.age/ 
Les  pages  totalement  ou  partiellement 
obscurcias  par  un  feuillet  d'errata,  une  pelure, 
etc  ,  ont  6t4  filmies  d  nouveau  de  fa^on  d 
obtenir  la  meilleure  image  possible. 


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Ce  document  est  filmi  au  taux  de  reduction  indiquA  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


7 


12X 


16X 


20X 


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The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Legislative  Library  of 
British  Columbia 


L'exemplaire  film6  fut  reproduit  grdce  A  la 
gdn6i'Osit6  de: 

Legislative  Library  of 
British  Columbia 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  anc*  in  keeping  with  the 
filming  contract  specifications. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetd  de  l'exemplaire  1'i\m6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


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the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
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first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


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Un  des  symboles  suivants  apparaitra  sur  la 
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cas:  le  symbole  — »•  signifie  "A  SUIVRE",  le 
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Maps,  plates,  charts,  etc.,  may  be  filmed  at 
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Les  cartes,  planches,  tableaux,  etc.,  peuvent  Stre 
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* 


Life  Sketches 


OF 


Eminent  Lawyers. 


AMERI0AN.  ENGLISH  AND  CANADIAN. 


TO  WHICH  18  ADDED 


Thoughts,  Facts  and  Faceti/c. 


IN  TWO  VOLUMES. 


BT 

Gilbert  J.  Clark,  Esq.. 

op  TUI  KANSAS  CITT  SAR;  AITTHOR  OF  £^O^AVI^<}B  07  144  "EMOnCNr 

▲MKKICAh,  BCOLISH  AVV  CANAOtAN  LAWTBK8," 

IK  TWO  EDITIONS. 


/? 


K«N(*l  ClTV.  Mo. : 

LaWy(M'  iNTtNNATIONAk  Pu'BU(MIN'«  Ctf. 

1^. 


n  4 

4^'  <t. 


c  ^y? 


1 


COPYRIQHTEO  BY 

GlLBEi.T   J.  CLARK. 
1B95. 


I 


1 


TO 

THE  ESGUSn- SPEAKING  BAU, 

WllOSK  MEHUKKB  ARE  GUIUEO  AND  lN8PiaBI> 

Br  THE 

BEACON  LIGHTS  OF  JUHISPRt'DENCK, 

THIS  BOOK  IH  KESrECTFULLT 

INSCRIBED   BT 

THE  AUTHOK 


; 


Lawyers'  iNTiiRNATioNAL  Pub.  Co., 
Kansas  City,  Mo. 


elf 


PREFACE. 


Neatly  three  years  ajj')  the  author  bejjan  a  somewhat  systematic 
study  of  legal  biugraphy  for  the  purpose  of  intelligently  gathering 
copy  for  an  engraving  of  famous  lawyers  and  judges.  A  year  later 
two  editions  of  photogravure  groups  of  one  hundred  and  forty-'our 
"Eminent  American,  Knghsli  and  Canadian  L:iwyers"  was  published— 
"a  portrait,"  in  the  language  of  Th'tmas  Carlyle,  '-being  often 
superior  in  real  instruction  to  half  a  dozen  written  biographies^  as 
biographies  are  written ;  and  as  a  small  lighted  caudle  by  which 
the  biographies  can  be  read,  an  J  some  human  interpretation  be 
made  of  them."  Short  "  LifeSI<etches"  of  the  very  briefest 
nature  of  each  person  appearing  in  the  galaxy  of  portraits 
were  prepared  by  the  kindly  aid  of  some  fifty  lawyers  and 
judges  throughout  the  territory  comprised  to  further  supple- 
ment and  explain  t'le  art  work.  These  being  re-edited  and  some- 
what amplified  are  herein  given.  The  author's  studies,  however, 
were  continued  and  "notes"  made,  with  no  intention  of  publica- 
tion, until  it  was  believed  many  interesting  reminiscences  of  nearly 
every  personality  had  been  gathered,  and  as  Dr.  Channing  has  well 
said,  "an  anecdote  is  worth  whole  pages  of  biography,"  it  was 
deemed  advisable  to  supplement  the  "Life-Sketches"  with  these 
"  notes."  They  follow  the  Sketches,  being  more  closely  printed, 
and  constitute  the  "Thoughts,  Facts  and  Faceti* "  of    the  work. 


The  labor  of  preparation  has  been  grea',  but  withal  fascinatlnfj 
and  instructive.  Many  Sketches  will  be  found  to  be  unannotated; 
others  but  sparsely  sc  This  is  due  to  the  plan  adopted,  the  informa- 
tion obtainable,  and  the  subject  treated.  Many  readers  will  doubtless 
criticise  the  frequent  quotations,  but  "to  quote  conspicuously  and 
well,"  says  Bovee,  an  able  author  and  lawyer,  "  requires  taste,  judg- 
ment (which  two  qualities  the  author  hopes  have  been  exercised) 
and  erudition,  a  feeling  for  the  beautiful,  an  appreciation  of  the 
noble,  and  a  sense  of  the  profound."  Shortcomings  and  errors 
will  be  discovered,  but  if  any  one  is  amused  and  instructed,  and  at  the 
same  time  lead  to  study  more  extendedly  the  lives  of  the  foremost 
men  at  the  bar,  this  work  will  have  sufficient  excuse  for  its 
existence. 

The  author  wishes  to  acknowledge  his  obligations,  in  the  prep- 
aration of  the  work,  to  all  who  have  kindly  aided  him,  and 
especially  to  Frederick  R.  Coudert,  Esq.,  of  the  New  York  Bar, 
John  H.  Chesnut,  Esq.,  of  the  Philadelphia  Bar,  Frederick  W. 
Griffin,  Esq.,  of  the  Kansas  City  Bar,  Donald  Macmaster,  Q.  C, 
of  the  Montreal  Bar,  Carrie  W.  Whitney,  Librarian  of  the  Kansas 
City  Public  Library,  and  Horace  W.  Fuller,  Editor  of  the  Oreen 
Bag,   Boston. 

GILBERT  J.  CLARK. 

Kansas  City,  Mo.,  January,  1895. 


CONTENTS/ 


VOL.    I 


Bartlett,  Sidney,  Massachusetts,  . 
Beach,  William  A.,  New  York, 
Beckwith,  Ci^ryilon,  Illinois,   . 
Benjamin,  Jiidah  V  ,  Louisiana, 
Binney,  Horace,  I'eiuisvlvania, 
Black,  Francis  M.,  Missouri,    .      . 
Black,  Jeremiah  S.,  Pennsylvania, 
Bhcl- .l'>ne,  William.  Eni;huKl, 
Blake,  Sir  Edward,  Ontario,     .      . 
Blatchford,  Samuel,  New  York,     . 
Bleckley.  Lo^an  E.,  Geo.ijia,    . 
Bowen,  Charles  S.  C,  England,    . 
Bradley,  Joseph  P.,  New  Jersey, 
Brady,  James  T.,  New  York, 
Brewer,  David  J.,  Kansas, 
Brewster,  Benjamin  H.,  Pennsylvania 
Broadhe.id,  James  O.,  Missouri,    . 
Brown,  Joseph  E.,  Georgia, 
Brown,  Henry  B  ,  Michigan,     .     . 
Butler,  Benjamin  F.,  Massachusetts, 
Cadwalader,  John,  Pennsylvania, 
Calhoun,  John  C.,  South  Carolina, 
Campbell,  John  A.,  Louisiana,     , 
Campbell,  James  V.,  Michii;an,     . 
Carlisle,  John  G.,  Kentucky,    . 
Carpenter,  Matthew  H.,  Wisconsin, 
Carter,  James  C,  New  York, 
Chase,  Salmon  P.,  Ohio,     .     .     . 
Choate,  Joseph  H.,  New  York, 
Choate,  Rufus,  Massachusetts, 
Clarke,  Sir  Edward,  England, 
Clay,  Henry,  Kentucky, 
Clifford,  Nathan,  Maine,     . 


•The  Portrait  of  each  person  sketchcil  in  Vol.  I  is  civcn  in 
De  Luxe  Autograph  Edition  of  engravings  of  m  "  Kniinent 
and  Canadian  Lawyers." 


Series  A' 


American,  English 


t 
? 
7 

') 

IJ 

20 

2? 

30 

36 

3S 

4) 

45 

4S 

56 

60 

63 

71 

73 

77 

8o 

94 

96 

103 

lc6 

t09 

114 

130 

133 

142 

145 

155 

158 

171 


of  our 


Vlll 


CONTENTS. 


Coke,  Sir  Edward,  England,     . 
Coke,  Richard,  Texas, 
Cole,  Chester  C,  Iowa, 
Coleridge,  Lord  John,  England, 
Conkling,  Roscoe,  New  York, 
Cooley,  Thomas  M.,  Michigan, 
Cooper,  William  F.,  Tennessee, 
Curran,  John  Philpot,  Ireland, 
Curtis,  Benjamin  R.,  Massachusetts, 
Curtis,  George  M.,  New  York, 
Daniel,  John  W.,  Virginia, 
Davis,  Cushman  K,  Minnesota, 
D.llon,  John  F.,  New  York, 
Dolph,  Joseph  N.,  Oregon, 
Douglas,  Stephen  A.,  Illinois, 
Edmunds,  George  F.,  Vermont, 
Eldon,  Lord,  England,   . 
Ellenborougii,  Lord,  England, 
Ellsworth,  Oliver,  Connecticut, 
Erikine,  Lord  Thomas,  England, 
Evarts,  William  M.,  New  York, 
Field   David  Dudley,  New  York, 
Field,  Stephen  J  ,  California, 
Frye,  William  P.,  Maine,     . 
Fuller,  Melville  W.,  Illinois,     . 
Fullerton,  William,  New  York, 
G-irland,  Augustus  H  ,  Arkansas, 
George,  James  Z.,  Mississippi, 
Gibson,  John  15  ,  Pennsylvania, 
Goudy,  William  C,  Illinois,    , 
Gray,  Horace,  Massachusetts, 
tGresham,  Walter  Q.  Indiana, 
Hale,  Sir  Matthew,  England,     . 
Hall,  John  S.,  Qut-'bec,        .      . 
Hannen,  Sir  James,  England,  . 
Hardwicke,  Lord,  England, 


Page. 
173 
182 
184 
186 
193 
204 
207 
209 
229 
237 
241 
244 
248 
257 
261 
268 
271 
282 
289 
292 
304 
314 
322 
327 
331 
334 
336 
339 
341 
347 
349 
352 
354 
360 
362 
364 


|l'ortrait  docs  not  appear  in  "Popular  Edition"  of  engravings. 


CONTENTS,  t 


Page. 
173 
182 
184 
186 
193 
204 
207 
209 
229 
237 
241 
244 
248 
257 
26t 
268 
271 
282 
289 
292 
304 
314 
322 
327 
331 
334 
336 
339 
341 
347 
349 
352 
354 
360 
362 
364 


VOL.  II. 

Page 

Harlan,  John  M,  Kentucky,    . 1 

Harrison,  Benjamin,  Indiana 3 

Hawkins,  Sir  Henry,  England, 6 

Herschell,  Lord  Farrar,  England,        10 

Hoadly,  George,  New  York, 12 

Hoar,  Georije  F.,  Massachusetts,                                  l6 

Holmes,  Oliver  W.  Jr.,  Massachusetts, 20 

Holt,  Lord  John,  England, 24 

Ingersoll,  Robert  G  ,  New  York, 28 

Irvine,  George,  Quebec,  36 

Jackson,  Howell  E.,  Tennessee, 38 

James,  Sir  Henry,  England, 40 

Jay,  John,  New  York, 42 

Jewett,  John  N,,  lilinois, 49 

Johnson,  Reverdy,  Maryland 51 

Kent,  James,  New  York 55 

Lacoste,  Alexander  L.,  Quebec 61 

Laflamme,  R..  Quebec, 63 

Lamar,  L.  Q  C,  Mississippi, 6$ 

Leonard,  Abiel,  Missouri, 75 

Lincoln,  Abraham,  Illinois, 79 

Littleton,  Lord  Thomas,  England, 99 

McCarthy,  D'Alton,  Ontario 102 

McSweeney,  John,  Ohio, 104 

MacVeagh,  Wayne,  Pennsylvania, 114 

Mansfield,  Lord,  England,        Il6 

Marshall,  John,  Virginia, 125 

Maiti'i,  Luther,  Maryland, -     .     .  133 

Mas  ..,  Jeremiah,  Massachusetts, 141 

Matt'-ews,  Stanley,  Ohio, ...  149 

Meredith,  William  M.,  Pennsylvania, l5l 

t  i'lio  portrait  of  each  person  sketched  In  Vol.  II  is  given  In  "Series  B"  ol 
our  l)e  Lux*  .\utugraph  Edition  of  engravings  of  144  "  Eminent  .'American,  Eng[lish 
and  C'anadian  Lawyers"  1  except  Mr.  Justice  Harlan,  ex-President  Harrison 
and  Sir  Henry  Hawlcius,  which  appear  in  "  Series  A,,"  and  Daniel  W.  Voor- 
hees  and  Mr.  Justice  White);  and  the  portraits  of  all  persons  sketched  in  Volumes 
I  and  il  (except  W.  O.  Cireshaui  and  Mr.  Justice  White)  are  given  in  the  Popular 
Edlliou. 


CONTENTS. 


Page. 

Miller,  Samuel  F.,  Iowa, *  .     .  15$ 

Mitchell,  John  H.,  OreRon,                                 162 

Morgan,  John,  T.,  Alabama, l64 

O'Conor,  Charles,  New  York 168 

Osier,  B.  B  ,  Ontario, 175 

Parker,  Cortlandt,  New  Jersey,  177 

Parker,  Joel,  New  Hampsiiire,                                            .     .     .      .  l8l 

Parsons,  Theophilus,  Massachusetts, .185 

Peck,  George  R.,  Kansas 198 

Phelps,  Edward  J.,  Vermont 201 

Pinkney,  William,  Maryland, 204 

Pomeroy,  John  Norton,  California, 219 

Porter,  John  K.,  New  York, 221 

Prentiss,  S.  S.,  Mississippi, 225 

Pryor,  Roger  A.,  New  York,        237 

Rose,  U.  M.,  Arkansas,  239 

Russell,  Lord  Charles,  England, 241 

Rutledge,  John,  South  Carolina, 246 

Ryan,  Edward  G.,  Wisconsin, 249 

Schenck,  David,  North  Carolina,        255 

Selborne,  Lord,  Eng'and 257 

Semmes,  Thomas  J.,  Louisiana,  259 

Sergeant,  John,  Pennsylvania,  261 

Sharswood,  George,  Pennsylvania, 264 

Shaw,  Lemuel,  Massachusetts, 268 

Shellabarger,  Samuel,  District  of  Columbia,  274 

Shiras,  George,  Jr.,  Pennsylvania, 277 

Stanton,  Edward  M.,  Ohio, 280 

Story,  Joseph.  Massachusetts, 294 

Swayne,  Noah  H.,  Ohio, 3oi 

Swayne,  Wager,  New  York, 303 

Taney,  Roger,  B.,  Maryland,         305 

Teller,  Henry  M.,  Colorado, .     .  3l3 

Thompson,  Sir  John,  Canada, 3i5 

Thurman,  Allen  G,  Ohio, 3l7 

Thurston,  John  M  ,  Nebraska, 321 

Trumbull,  Lyman,  Illinois, 325 

Tucker,  John  Randolph,  Virginia 33 1 


CONTENTS. 


Page. 

iss 

162 
164 
168 
175 
177 
181 
185 
198 
201 
204 
219 
221 
225 
237 
239 
241 
246 
249 
255 
257 
259 
261 
264 
268 
274 
277 
280 
294 
301 
303 
305 
313 
315 
317 
321 
325 
331 


I 


Page. 

tVoorhees,  Daniel  W.,  Indiana, 334 

Waite,  Morrison  R.,  Ohio, "8 

Webster,  Daniel,  Massachusetts,    . J^* 

Webster,  Sir  Richard,  England, "  ia 

^White,  Edward  D.,  Louisiana, '  %M 

Wirt,  William,  Maryland, ^° 

Wolcott,  Edward  O.,  Colorado,         ^77 

Woolworth,  James  M..  Nebraska ^^* 

tPortrait  docs  not  appear  in  Dt  Lure  .\utograph  Edition  of  engravings. 
^Portrait  is  not  given  in  either  edition  of  engravings. 


"It  would  be  well  to  read  some  biography — more  especially  the 
lives  of  the  great  men  of  our  country — Washington,  Franklin,  e:c.  It 
will  raise  your  ambition,  and  show  you  what  can  be  done  throuj;h  in. 
dustry  and  exertion,  by  those  whose  advantages  have  not  been  as  good 
as  your  own,"— At/vicf  of  S,  S.  Prentiss  to  his  brother. 

"It  is  well  to  read  carefully  and  frequently  the  biographies  of  emi- 
nent lawyers.  It  is  good  to  rise  from  the  perusal  of  the  studiei  and  la- 
bors, the  trials  and  conflicts,  the  difficulties  and  triumphs,  of  such  men, 
in  the  actual  battle  of  life,  with  a  secret  fetling  of  dissp.iisfaction  with 
ourselves.  Such  a  sadness  in  the  bosom  of  a  young  student  is  like  the 
tears  of  Thucydides,  when  he  heard  Ilcodotus  read  his  history  of 
the  Olympic  Games,  and  received  the  plaudits  of  assembled  Greece.  It  is 
the  natural  prelude  to  severer  self-denail,  to  more  assiduous  study, 
to  more  Stlf-sustaining  confidence." — Getrgt  Sharswood:  ^'■Professional 
Ethics." 


1 

I 


ILLUSTRATIONS. 

Vol.  I. 

"  Series  A  "  of  De  Luxe  Engravings  (greatly  reduced) 

DAVID  JOSIAH  BREWER,  Associate  Justice 

HENRY  BILLINGS  BR'   ''N,  Associate  Justice., 
STEPHEN  JOHNSON  FIELD.   Associate  Justice 
MELVILLE  WESTON  FULLER.  Chief  Justxe. 
HORACE  GRAY,  Associate  Justice.. 


MM. 

Frontispiece 

60 

77 
322 
33t 
349 


Vol.  M. 
JOHN  MARSHALL,  Ex-Chief  Justice  .  Frontispiece 

JOHM  MARSHALL  HARLAN,  Associate  Justice.  t 

HOWELL  EDMUNDS  JACKSON.  Associate  Justice.. 38 

GEORGE  SHIR  AS,  JR.,  Associate  Justice 277 

EDWARD  DOUGLASS  WHITE,  Associate  Justice J68 


"Give  the  essence  of  the  man's  history,  condensed  to 
the  very  utmost,  the  dates,  his  birth,  death,  main  transactions, 
—in  short,  the  bones  of  his  history;  then  add  reference  to 
books  and  sources,  where  his  history  and  cuaracter  can  be 
learned  farther  by  such  as  wish  to  study  it." 

—  Thomas  Carlyle. 


•afffiiHHH'Kv*!;?;-  ;■  :.i..J.^-r 


?<Z  to 
tions, 
ice  to 
in  be 

yle. 


LIFE-SKETCHES, 
THOUGHTS,  FACTS  AND  FACETIAE 

OP 

EMINENT  LAWYERS. 


s 


El 
hiir,  ii 
Woru  1 
(licil  !l 

I     ill  0(1    i) 

into  .'( 
lu'd  111 
Ilo  wa 
in  185 
lie  AVf 
iis  iuh 
lions, 
linrlii 
l)jinie! 
Ills  la 
lie  AV 
Court 
ablosi 


SIDNEY  nAKTLETT,  ^lASSACIirSETTS. 

(ITOOlSSi).) 

I'^ai-ly  bcciiiiic  one  of  (he  leaders  of  tlie  Suffolk 
l)iii',  and  so  eoutimied  until  ninety  years  of  a;;e. 
I'orn  February  13, 1790,  at  IMynioutli,  Massachusetts, 
(lied  at  P.oston,  Mareli  0, 18S;),  aged  ninety.  Ho  gradu- 
I  ated  at  Harvard  at  nineteen,  studied  law  with  Lem- 
uel Shaw,  was  admitted  in  1821,  and  at  once  ertered 
into  a  partnership  with  his  preceptor,  which  contin- 
ued until  Mv.  SluiAv's  elevation  to  the  bench  in  1S30. 
lie  was  a  member  of  the  Legislature  of  Massachusetts 
in  1851,  and  of  the  Constitutional  Convention  of  1S53. 
lie  Avas  made  a  LL.D.  by  Harvard  in  1858.  He  acted 
as  advisory  counsel  for  many  years  for  large  corpora- 
tions, including  the  L^nion  Pacific,  and  the  Chicago, 
I'urliiigton  and  Quincy,  and  other  railroad  com- 
panies, and  within  two  months  of  his  death  argued 
his  last  case  in  court  for  one  of  these  corporations. 
He  was  considered  by  the  United  States  Supreme 
Court  for  many  years  as  one  of  the  ablest,  if  not  the 
ablest,  lawyer  who  api)eared  before  them.      He  jios- 


2  LIFE  SKETCH  OF 

sossod  untiling  industry,  his  x>i't'I)'iration  of  a  case 
being  oxliaustivo — be  frequently  destroying  three 
or  four  biicfs  in  one  case  before  satisfying  himself. 
His  mental  (tperatious  were  rapid;  his  logic  inexora- 
ble; his  perception,  clear;  his  analysis,  searching; 
his  style,  convincing;  his  sagacity,  unerring.  He 
was  well  versed  in  the  literature  of  the  profession; 
nor  was  his  reading  confined  to  the  law,  but  embraced 
history,  biograi»hy,  science,  and  the  current  novels  of 
the  day. 

"His  processes  of  reasoning  bore  about  the  same 
relation  to  those  of  ordinary  lawyers  that  logarithms 
bear  to  common  arithmetical  iirocesses,"  says  (jeorgc- 
F.  Hoar.  'T'ntil  the  day  of  his  death,"  adds  lienj. 
F.  Bulb'!',  ''he  was  one  of  the  foremost  lawyers  of 
Massachusetts,  if  not  the  foremost  one."  Chief  Jus- 
tice Shaw  once  said  to  him:  "State  your  line  oi  r<'a- 
soning  a  little  more  fully.  Your  mental  operations 
are  so  very  rai»id  that  others  do  not  sometimes  see 
the  connections  betw<'en  your  premises  and  conclu- 
sions so  readilv  as  vou  do." 


WILLIAM  AUGUSTUS  BEACH. 


:i  case 
throe 
iinsoll'. 
iiexoia- 
rcliing; 
Ho 
lossioii ; 
\ bra cod 
iovoIh  of 

he  same 
jarithnis 
s  Georj^c- 
ds  Bouj. 
'301's  of 
hi  of  J  lis- 
le 01  n'a- 
)oi'ati()ns 
imos  soo 
i  couclii- 


WILLIAM  ACiiUSTUS  I{I:A(5H,  NEW  YORK. 

(LS10-18SL) 

Uoi-n  iioar  Sai-aloj^a,  Now  York,  Docoiubor  7, 
I  Mid,  ho  iiiovod  to  Troy  in  1855;  to  Now  Yoik  city 
ill  1870.  Died  ill  Tarrytown,  Jimo  28,  188t, 
;i;4t'(]  .sovoiity-llii'oo.  Mo  was  well  roarod  and  od- 
iitatod,  but  not  a  sclioluvly  man;  oarod  litllo 
for  ]>olilios  or  liloratnro;  a  dictionary  and  hiw 
hooks  Avore  his  librai-y.  Ho  was  a  lawor,  pare, 
siiiii»lo,  and  unadoi-nod,  save  as  a  noblo  profession 
adorns  an  able  and  resohilo  follower.  He  was  great 
before  a  jury;  greater  in  an  apj)ellate  court;  but 
greatest  when  all  the  duties  of  a  trial  lawyer  were 
suddenly  inii»osod  uiion  iiini — in  the  argument  of  in- 
terlocutory motions  for  (»r  against  non-suits,  and  on 
mixed  <|uestions  of  law  and  fact.  In  such  emeig- 
oncios  ho  was  without  a  peer.  The  severer  the  test, 
t lie  grander  the  response.  \\(^  was  of  ordinary  height, 
strong  physique  and  imposing  appearance.  His  voice 
was  wonderfully  winning  and  under  perfect  control. 
In  his  most  vehement  and  passionate  appeals  he  pre- 
served his  dignity  and  solemnity.    Of  au  austere  and 


4  LIFE   SKETCH  OF 

melancholy  caste,  much  of  a  recluse,  and  always 
dressed  in  black,  he  was  the  ITamlet  of  the  American 
bar.  J  lis  legal  learning  was  very  great;  his  vocabu- 
lary surprisingly  rich;  his  courage  superb.  He  was 
not  a  greal  examiner,  being  too  domineering  and 
methodical.  A  jtoor  stinh'nl  <>f  human  nature,  he 
treated  all  witnesses  alike,  and  ^^as  slow  to  trim  sale 
for  shifting  winds.  Ofttimes  he  lost  cases,  and  never 
was  at  his  best  in  desperate  ones;  but  his  courage, 
manners  and  powers  were  lion-like  and  overwhelm- 
ing, beyond  all  comparison,  lii  the  prosecutio.i  of  a 
great  and  just  cause.  The  nxu'e  purely  intellectual 
the  forum,  the  greater  his  strength.  Befoie  the  New 
York  (  onrt  of  Appeals,  ii;  the  North  court-marlial 
proceedings,  in  (h'fending  Judge  Barnard,  before  an 
impeaching  Senate,  he  won  gi'eater  laurels  than  in 
his  more  conspicuous  work  in  Cole's  defense,  the  I'ar- 
rish  will  contest,  the  Stokes  case,  or  the  l>e<>cher 
trial.  His  fame  grew  until  it  was  national,  but  law- 
ver-like,  it  was  ephemeral. 


Evidence  of  Marriage. 

"p]videuce  of  marriage!       What  is  evidence  of 
marriage?      Why,  living  together,  may  it  please  your 


WILLIAM  AUGUSTUS  BEACH. 


I 
I 


lioiioi'.  ('((liiibitii)};'  loj^cdicr,  may  i(  plcaao  your 
lioiiur.  Iiitrodiicinj^  cjuli  otlioi'  as  husband  and  wife, 
Mild  laisin;;'  ii|»  cliildrcn  tojfcllxM*,  may  it  jdcasc  your 
iKtnoi!  I'or  all  Hies**  relations  they  ucr*'  niarrit^l! 
Aye!  lor  that  };<>inj;'  down  into  the  very  valley  an«l 
shadow  of  death,  which  a  woman  assumes  in  sueh  re- 
lations, tliev  were  married!  Thev  were  married  when 
lie  enjoyed  the  Idoom  of  her  youth  and  her  lu'art's  lov- 
ing; tenderness  —marii<'d,  when  it  flattered  his  vanity 
to  enjoy  her  beauty.  Hut  when  we  come  to  that  other 
time,  when  of  all  times  niarriaj^cis  most  sacred,  when 
they  should  be  leadinj^-  each  other  down  the  western 
slope  of  life's  steep  hillside  to  rest  together  at  the  foot 
in  long  repose,  then  it  is  that  this  demon  of  humanity 
seeks  to  cast  her  off!  and  jeopardize  her  womanhood! 
Bastardize  her  children!" — In  Brinkley  Case:  Tact  in 
Court,  Gl). 

His  T\vo  Years'  Study  of  Three  Books. 
Tie  earned  his  law  library  and  a  splendid  vocabu- 
lary from  hiring  out  to  his  father,  a  well-to-do  trades- 
man, to  do  for  a  year  or  two  as  his  father  wantcnl  him 
to  do.  The  parent  accordingly  furnished  him  a  Bi- 
ble, a  copy  of  Shakespeare  and  Bunyan's  Pilgrim's 
Progress,  wliich  were  to  be  read  three  times  thor- 
oughl3'  and  notes  made  on  them,  lie  sent  him  to  live 
with  some  farmer  uncle  some  twenty  miles  away. 
The  young  man  became  charmed  by  them  and  mas- 
tered each  of  those  books. 


LIFE   SKETCH  OF 


? 


1 


DoHcription  of  -  As  an  Advocate. 

"We  have  for  niaiiy  years  believed  that  as  a  mere 
derdaimer,  Vtw  Beach  stands  not  only  at  the  head  of 
the  American  bar,  bnt  at  the  head  of  all  American 
orators.  His  oratorical  style  is  -well-nijih  ])erfection. 
A  presence  of  rare  manly  beanty  and  dignity,  a  voice 
of  f>reat  power  and  sweetness,  a  vocabnlary  singnlar- 
ly  afflnent  and  sonorons,  an  nnqnenchalde  enlhnsi- 
asm,  and  a  mascnline  nobility  and  vi^gor  of  thonjuhl, 
make  him  a  great  master  of  oratory.  Tn  r(\<>ard  lo 
his  elocntion,  Mr.  Beach  has  bnt  a  single  defect — his 
gestnres  are  constrained,  awkward  and  violent.  As 
a  forensic  rhetorician,  we  think  he  is  too  level,  and 
that  his  level  is  too  high.  He  Avonld  gain  in  effect  by 
having  more  conversational  and  familiar  passages. 
Tlie  thnnder  is  grand,  bnt  we  don't  want  ahvays  to 
hear  it.  lie  commands  rather  Mian  persnades;  and 
men  sometimes  set  their  faces  against  snch  advocacy. 
As  an  advocate,  ^fr.  Beach  suffers  from  a  lack  of  two 
gifts,  humor  and  i>ower  of  illustration — very  impor- 
tant defects  in  an  a(h(»cate.  In  liis  conduct  of  a 
case  he  is  remarkably  self-]tossessed,  fertile  ami  coui'- 
ageous,  but  lacks  tact  and  knowledge  <»f  human  na- 
ture. AA'e  think,  too,  from  a  jyi'etty  iutiniale  knowl- 
edge of  him,  that  his  culture  is  by  no  means  so  broad 
as  that  of  Evarts  or  Porter.  II(»  is  not  a  man  of 
many  books,  except  law  books.  Still  he  is  not  by  any 
lueans  a  geniiis;  ho  is  simply  a  man  of  the  highest  or- 
der of  legal  talents."  From  the  Albany  LaAV  Jour- 
nal, during  the  Beecher-Tiltou  trial,  1875. 


CORY  DON  BECK  WITH. 


CORYDON  BECKWITII,  ILLINOIS. 

(1823-1890.) 

Xciirlv  (liii'fv  rears  wiu?i'n.l  counsel  of  I  lie  Clilcn- 
,i,()  iiiid  AKon  ]J;iiI\vay  company.       lie  was  boni  in 
Sutton,    A'crmont,    in    182:5,    and    died    in    Cliica^'», 
Aiiuust  1(),  1800,   ajiod   slxty-sovon.     Tlie   son   of   a 
l»i'(»!ninont  lawyer,  he  was  admitted  at  twenty-one, 
afier  live  vear.s'  stndv,  and  associated  liiniself  with 
Jiidiio  SmalU'y  in  St.  Albans,  A'ermont,  but  moved 
to  I-'rederick,  ^larylaml,  in  tlie  forties.     Desii'injjj  a 
hi'oadcn'   field,  In^   settled    in    Chicajio    in    IS.".*^,    and 
iiliiiost     ("rom  the  start  Avas  a     towering'  fiiiure.       In 
Ini.kin;;'  (.\'er  the  early  volumes  of  Illinois  rep(M'ls,  it 
\\\\\  he  s(  en  that  he  monopolized  a  lar.m'  share  of  the 
iniiiortanl  h\u,al  causes  of  the  day,  his  name  ajiixNir- 
ii;^',  jicrhnjis.  more  frequently  than  that  of  any  other 
1  iwycr  of  his  time.       He  succeeded  Judye  C'iit(».i  ns 
^^!i]>reme  Jndj^e  of  Illinois  in  ISdl.       His  opinions, 
\^lli<•h  are  n)odels  of  conciscuiess,  are  contained     in 
(luce  volumes  of  the  reports.       lie  resiyued  to  1)(>- 
come  general  counsel  of  the  ("hicajio  and  Alton  Kail- 
y<\\  comi)any. 


8  LIF'E  SKETCH  OF 

lie  Wiis  ill  some  of  the  grcalost  railway  litiga- 
lions  of  the  day.  Some  of  his  iiiii)orlaiit  casi'S  were: 
Tlie  ceh'brated  l?urili  (livor(<»  case,  in  which  lie  won 
for  ^Irs.  IJiirch,  in  the  face  of  ^reat  disa<lvaiitaj,^es; 
the  suits  of  the  Western  Union  Tele^ra[»li  coni]»any, 
and  the  A.,  T.  &  S.  F.  \\.  K.  Co.  vs.  the  I)(Miver  and 
Kio  Grande  Railway  coniiiany  for  possession  of  ri<;hls 
of  way;  the  Conch  and  the  0«^-den  estate  cases; 
l^jard  of  Trade  vs.  Stnrges;  the  People's  (Sas  Light 
and  Coke  conijiany  case;  the  ^N'est  Division  Railway 
company;  Sweigc^'t,  auditor,  vs.  the  Kepiiblic  Life 
Insurance  company.  He  was  general  counsel  for 
numerons  corporations  during  all  his  legal  career. 

He  was  great  in  nearly  all  specialties  of  the  hnv, 
but  his  forte  was  corporation  law,  and  as  a  branch  of 
that,  railroad  law.  He  v.as  identitied  with  some  of  the 
greatest  railroad  litigations  of  the  day.  He  had  the 
faculty  to  grasp  the  salient  features  of  a  case  in  a  dif- 
ferent light  from  that  in  Avhich  they  ordinarily  a])- 
peareil,  and  in  ajiplying  the  ol  Machinery  of  the  law 
to  meet  new  emergencies.  As  a  legal  genius,  his 
was,  perhaps,  one  of  the  most  phenomenal  this  coun- 
try has  produced. 


JUDAH  PHILIF  DKNyAMIN. 


lllij^Jl- 


I'i^llls 


i 


.irDAii  riiiLir  liKXJAMix,  Louisiana. 

(1S1MSS4.) 

Tlic  cniinciit  lawvcr  of  two  (-((iitiiKMils.  ^'Thc 
l;i;iiiis  of  llic  ( 'oiif<Ml('i';i('y,"  of  wliicli  li<'  was  Attorney 
(Iciicral  and  Scci-ctaiy  of  War  and  Slate.  IJoin  at 
St.  ( 'roi.v,  West  Indies,  An^^nst  1 1,  ISl  1 ;  died  at  Paris, 
.May  S,  1SS4,  aj^ed  seventy-two.  Entered  Yale  at 
fonrteen,  l)nt  left  at  seventeen  witliout  <i,rad nation. 
Went  to  New  Orleans,  read  law  and  was  ad- 
mitted at  twenty-one.  Tanjilit  school  and  com- 
piled a  Di-^est  of  IJeported  Decisions  of  Louisiana. 
Soon  rose  to  the  head  of  the  profession.  Became, 
1S40,  a  member  of  the  firm  of  Slidell,  Benjamin  & 
Conrad,  which  had  for  y(\irs  an  annual  income  of 
!ii!(;0,n00.  Keceived  a  .sr)0,000  Government  fee,  1847, 
to  investif^ate  S])anish  land  titles  in  California.  De- 
clined a  Sui)reme  Court  Justiceship  from  President 
JMerce.  Elected  a  United  States  Senator,  1852;  re- 
clccied,  1857;  resi<;ned,  ISdl,  in  a  remarkable  speech 
justifying  secession,  for  which  he  was  pronounced 
"a  Hebrew  with  E;;yptian  principles,"  by  Senator 
Wade  of  Ohio,  and  of  which  was  said:   "better  than 


10 


LIl-E   SKETCH  OP 


<iur  Benjamin  (Disraeli)  could  have  done,"  by  Sir 
George  C.  Lewis,  of  IOnj;land.  After  llie  fall  of  the 
Confederacy,  at  the  age  of  fifty-five,  with  but  -flO  in  his 
pocket,  he  fled  to  Enj^land,  was  admitted,  made 
Queen's  (*ounseI,  wrote  ]>ress  editorials,  compiled 
th;>,t  scientific  classic,  "The  (\)nlract  of  Sale,"  and 
rose  to  the  head  of  the  Enj^lish  l)ai',  i.ceivinjj,'  annu- 
ally during  the  last  years  of  his  practice,  as  high  as 
.'?2()0,000.  Some  of  his  great  cases  were:  the  "Creole 
Case";  Debenham  v.  Mellon;  United  States  v.  Hae; 
the  Franconia  case;  Anson  et  al.  v.  the  London  &  X. 
W.  I?y.;  and  the  Tichborne  A])peal. 

ITe  was  A'erv  able  b(>fore  a  iurv,  and  in 
ri'0'<s-e\amination  and  strategy.  His  forte  lay  in 
argujiient  before  trained  judges,  wliere  his  groiit 
knowledge  of  systems  of  law  oilier  than  I'^nglish  gav<' 
him  great  advantage.  ITe  s])oke  French  fluently. 
^Vas  unprejxtssessing,  short,  stout,  and  stumjiy;  of 
^\\anging  voice;  awk\\'ard  in  gait  and  bearing;  but 
andable,  sympaihetic,  m(»dest  aiul  retiring. 


■.I 


■f 

5* 


:■& 


rj rea t  ( 'ross-I']xa mi ner. 
"At  the  N(  >v  Orleans  bar,  as  far  back  as  the  Mex- 
ican war,  l?(.'nja)nin  seemed  to  ]»ossess  and  excelled  ii; 


JUDAH  PHILIP  BENJAMIN. 


11 


most  of  the  traits  in  the  art  of  cross-examina- 
tioii.  ITg  especially  possessed  celerity  of  thought  and 
ready  aptitude  in  dealing  with  the  demeanor  and  ex- 
pressions of  a  hostile  witness.  Like  Single  Speech 
Hamilton,  in  the  traditions  of  the  House  of  Commons, 
he  knew  when  to  quit  talking;  and,  like  a  good  stage 
manager,  he  always  arranged  a  good  exit  from  the 
witness  chair  for  his  actor,  Avho  may  have  there  en- 
dured forgetfulness  of  liis  cues." — "Cross-Examina- 
lion  as  an  Art,"  by  A.  Oakley  liall,  September,  1803, 
<Jreen  Tiag,  p.  425. 


Aniilo-Saxon  Ancestors    Comi>ared  to  Those  of    the 
Jews — Tilt  1)1  United  States  Senate. 

Then?  is  a  fugitive  anecdote  concerning  Mr. 
I'eiijamin  that  in  some  measure  illustrates  the  power 
(tf  r!ie  man  in  the  forensi(;  /ield.  It  was  Avhile  he  was 
in  the  United  States  Senate  from  Louisiana.  Some 
measure  was  undcn'  discussion,  in  which  Mr.  Ben- 
jamin had  acquitted  himself  in  his  usual  able  way. 
An  o}q)onent  of  Anglo-Saxon  lineage  took  occasion  in 
Ills  closing  remarks  to  allude  with  some  <l(>gree  of 
sneering  contempt  to  ^Ir.  Benjamin's  race,  and  to  the 
Senator,  himself  as  "nothing,  anyhow,  but  a  Jew." 
'I"he  boldness  and  iiersonality,  not  to  say,  brutality, 
<»f  the  iiisult,  considei'ing  (he  plac(^  and  the  charac- 
ters, brought  a  hush  of  expectancy,  as  the  speaker 
took  his  seat.  Everyone  turned  toward  ^Fr.  Benjamin 
to  await  his  reply.       Those  who  knew  his  power  ex- 


12 


I IFE  SKETCH  OF 


pcctcd  he  would  resent  the  language  in  a  most  elTect- 
ive  Avay,  They  were  i)rei)aretl  for  an  outburst  of  in- 
dignant eloquence.  Mr.  Benjamin  met  the  emer- 
gency, and  probably  a  more  bi'illiant  i)assage  nevt'r  es- 
caped his  lips.  It  was  brief,  but  unanswerable,  lie 
calmly  rose  and  said:  "Mr.  President,  when  the  an- 
cestors of  the  gentleman  who  has  just  si)oken,  as  half 
naked  savages,  were  chasing  the  wild  boar  in  the  for- 
ests of  i^ilesia,  mine  were  the  princes  of  the  earth." 


^ 
'{ 


■^ 


1' 

■A 

i 


HORACE  BTNNEY 


13 


\i  eiTcct- 
st  of  in- 
to OIIUM'- 
iievcr  os- 
)lo.      He 

tho  aii- 
,  as  lialf 

tlif  for- 
aHh." 


;l 


■f 


IIOKAC'E  BINNEY,  PENNSYLVANIA. 

(1780-1 S75.) 

The  vanquisher  of  Daniel  Webster,  in  the  great 
Ciranl  ^vill  case.  Born  in  Pliiladelpliia,  January  4, 
ITSO;  died  there  August  12, 1875,  aged  ninety-five.  Of 
Scotch-En.^lish  descent.  Educated  at  University  of 
I'cnnsylvania  and  Harvard;  graduating  at  seA'enteen, 
w  itli.  first  honors  of  his  class.  Bead  law  with  Jared 
Iiigcvsoll,  tlien  Attorney  (Jeneral  of  Pennsylvania, 
and  one  of  its  foremost  lawyers.  Admitted  in  1800. 
His  clientage  for  some  years  was  meager;  but  of  un- 
flagging industry,  he  edited,  during  this  time,  six 
Pennsylvania  Supreme  Court  reports,  notablj'  the  de- 
cisions of  Tllghman  and  (libson,  wliicli  are  models  of 
icporting.  In  1807,  his  professional  engagements 
liiid  hf'come  extremely  large,  and  before  1815  he  was 
in  the  enjoyment  of  all  thai  the  profession  could  give 
in  rcpiitjjtion  and  emolument.  When  seventeen  years 
at  the  bar  he  had  argued  about  thirty  cases  in  the 
State  Su[>reme  Court;  before  fifty,  had  twice  refused 
position  upon  that  bench;  r.nd  in  1813,  was  tcndcrcfl 
l>y  Pi'csident  Tyler  a  Sui)reme  Justiceship,  but  do- 


14  LIFE  SKETCH  OF 

(lined  it,  havinj^'  resolved  not  to  accept  public  oHice 
after  sixty.     Kepresenied,  in  the  United  States  Su- 
preme Court,  with  .T(dni  Sergeant,  the  city  of  IMiila- 
delpUia,  trustee  under  the  will,  in  N'idel  et  al.  v.  (ii- 
rard's  Exrs.  (2  How.  127),  bein<>-  oi)]>osed  by  Walter 
Jones  and  Daniel  Webster.      His  arjjiunuMit,  made 
after  a  year's  thoroujih  jtreparation  in  ]!]urope,  was 
exhaustive,  unanswerable  and  overwhelminji',  show- 
ing a  complete  masterj'  (»f  every  chancery  precedent, 
ancient  or  modern,  as  to  charitable  uses,  and  won  for 
the  city  the  i)rincel3'  gift,  and  fiu-  him  imi)erislKil)le 
renown. 

Tavo  years  before  his  death  he  was  pronounced 
bv  Sumner  and  Evarts  as  at  the  head  of  the  Amer- 
Iran  ba?'.  lie  is  enlill('(l  lo  the  higlit  st  i':ink  as  eulo- 
gist, biographer,  historical  critic  and  legal  disputant. 
ITe  was  reserved,  cold  and  unsympathetic;  but  ac- 
complished and  i)rofound— never  disap|ioinling  and 
often  suri)assiiig  expectation;  ehxpienl,  earnest  and 
self-possessed;  (tf  inllexible  honor,  a  nu)del  eiti/en, 
and  an  earnest  Christian. 


HORACE  BINNF.Y. 


16 


'A 


Indexes. 

"F  cciifiluly  ihink  tliat  the  best  book  in  the  world 
witiild  <t\v('  the  most  to  u  good  index,  and  the  worst 
l)(  uk,  if  it  liad  but  a  siiij^le  j;()od  thonglit  in  it,  mi^ht 
Ic  k('j»(  iilivc  by  i(."     'I'o  S.  Ausliii  Allibone,  April 

Sill,  lS(i8. 

,liid<;es  Should  Hold  Ollice  Dui-iiig  Good  Behavior. 

''TIic  corlaiuty  and  permanence  of  t!ie  law  depend 
ill  a  ^reat  dej;ree  npon  the  jud;;es;  and  all  experi- 
(  nee  mish'ads  ns,  and  tlie  verv  demonstrations 
of  reason  are  fallacies,  if  the  certain!}'  and  perma- 
nence of  the  judicial  oflice  by  the  tenure  of  good  be- 
liavior  are  not  inseparably  connected  with  a  rlght- 
t'ous,  as  well  as  with  a  sciejitiiic,  administration  of 
I  he  law."--From  "The  Leaders  of  the  Old  Bar  of  Phil- 
adelphia," 1859. 


Two  Ways  of  Studying  Law. 
"There  are  two  very  different  methods  of  acquir- 
ing knowledge  of  the  laws  of  England,  and  by  each  of 
lliciii  men  have  succeeded  in  public  estimation  to  an 
iilmost  ('(pial  extent.  One  of  them,  wliich  may  bo 
called  the  old  wav,  is  a  methodical  studv  of  the  gen- 
eral  system  of  the  law,  and  of  its  grounds  and  reasons, 
Iteginniug  wilh  the  fundamental  law  of  estates  and 
tenures,  and  pursuing  the  derivative  branches  in  log- 
ical succession,  and  the  collateral  subjects  in  due  or- 
der; by  which  the  student  acquires  a  knowledge  of 


16 


LIFE  SKETCH  OF 


principles  that  rule  all  departnients  of  the  science, 
{ind  learns  to  feel,  as  much  as  to  know,  what  is  in 
harmony  with  the  system  and  what  is  not.  The  oth- 
er is  to  jifet  an  outline  of  the  system  by  the  aid  of 
commentaries  and  to  fill  it  up  by  desultory  reading 
of  treatises  and  re])orts,  accord in«>'  to  the  bent  of  the 
student,  without  much  sliajte  or  c<'rtainty  in  the 
knowledjre  so  acquii'ed  until  it  is  ^iven  by  investij^a- 
tion  in  the  course  of  i)ractice.  A  j^ood  deal  of  law 
may  be  put  tooctlu-r  by  a  facile  or  flexible  man  in  tlie 
second  of  these  modes,  and  tlie  ])ublic  is  often  satis- 
fied; but  the  profession  itself  knows  the  first,  by  its 
fruits,  to  be  the  most  effectual  way  of  makin<T  a 
great  lawyer." — Ency.  Amer.  article,  Edward  Tilj;h- 
nian. 


Charitable  Uses— Love  of  Cod  and  Oiir  Neighbor. 

"Here  are  the  two  great  principles  upon  which 
charitable  or  pious  uses  depend.  The  love  of  God 
is  the  basis  of  all  that  are  bestowed  for  Ills  honor,  the 
building  up  of  Ills  Church,  the  sujtixirt  of  Ills  min- 
isters, the  religious  instruction  of  mankind.  The 
Love  of  his  neighbor  is  the  jtrinciiile  that  promi)ls 
and  conseci'ates  all  the  i  I'st.  The  currents  of  these 
two  great  affections  finally  I'un  together,  an<l  they 
are  at  all  times  so  near  that  they  can  hardly  be  said 
to  be  separated.  The  love  of  one's  neighbor  leads 
the  heart  u])ward  to  the  common  Father  of  all,  ami 
the  love  of  Cfod  leads  it  Ihrough  Ilim  to  all  His  chil- 


HORACE  BINNEY. 


17 


drtMi." — From  Argument  N'idol  v.s.  City  of  i'liihulel- 
phiii,  ill  1844. 


rlibor. 


Religiou. 

"1  liave  no  jileasure  in  a  public  investigation  of 
even  points  of  law  tiiat  re(iuii'e  me  to  speak  upon  the 
subject  of  religion.  Few  men  who  think  seriously  in 
regard  to  it  are  ever  ready  to  utter  what  they  tliink 
in  mixed  assemblies.  Few  men  who  think  with  the 
greatest  attention  upon  it,  and  are  happy  in  always 
expressing  precisely  what  they  think,  are  ever  willing 
to  trust  themselves  with  it  in  a  debate  like  this.  In 
a  content  lor  victory  we  are  not  always  masters  of 
our  language,  not  always,  perhaps,  followers  of  our 
principles.  Though  the  sui  ject,  and  the  duty  we 
owe  to  it,  require  us  to  weigh  our  words  in  'scales  of 
gold,'  yet  slight  words  that  will  not  bear  the  weighing 
nuiy  thoughtlessly  escape,  to  our  own  prejudice,  and, 
what  is  much  worse,  words  alloyed  below  the  stand- 
ard may  be  hastily  uttered,  to  the  prejudice  and  dis- 
honor of  religiou  itself." — Idem. 

Old  Books  Like  Old  Girls. 

"Almost  any  law  book  that  is  more  than  twentj''- 
one  years  of  age,  like  a  single  lady  who  has  attained 
that  cllmacter.  ;s  said  to  be  too  old  for  much  devo- 
tion."—From  "The  Leaders  of  the  Old  Bar  of  Phila- 
delphia," 1859. 


18  LIFE   SKETCH  OF 

The  Law  a  Noble  Study. 

"The  law  is  a  lutble  study,  and  Avorthy  of  the 
most  ardent  devotion.  You  Avill  lind  the  road  to  suc- 
cess a  hard  one  to  travel;  harder  than  in  my  day,  for 
methods  have  changed,  and  competitors  are  move 
numerous,  lint  do  not  suffer  voursclf  to  become  dis- 
couraj^ed.  For  more  than  ei<i,ht  years  after  my  ad- 
mission to  the  bar  I  could  not  afford  to  stir  my  por- 
ridge with  a  silver  spoon." — October,1893,  Green  Bag. 

Hamilton. 

"Hamilton  was  the  greatest  man  this  country 
ever  produced.  He  did.  more  than  any  man  of  his 
day  to  give  us  a  government;  and  Chief  Justice  Mar- 
shall, in  expounding  the  Constitution,  applied  Ham- 
ilton's princii)les  and  borrowed  his  language.  Kead 
Hamilton's  report  as  Secretary  of  the  Treasury,  up- 
on the  Funding  Scheme,  and  then  read  Marshall's 
ojunion  in  McCulloch  v.  The  State  of  Maryland."- 
idem. 


The  Supreme  Court  of  the  United  States. 

*'^Vhat,  sir,  is  the  Supreme  Court  of  the  United 
States?  H  is  the  august  representation  of  the  wis- 
dom an<l  justice  and  conscience  of  this  whole  people, 
in  the  exi)()sition  of  their  Constitution  and  law*-i.  It 
is  the  peaceful  and  venerable  arbitrator  between  the 
citizens  in  all  questions  touching  the  extent  and  sway 
of  constitutional  i)ower.      It  is  the  great  moral  sub- 


^1 


■%■ 


HORACE  BINNEY. 


19 


stitute  for  force  iu  controversies  between  the  People, 
the  States,  ami  (he  Ihiion." 


Head  of  the  American  I?ar. 

S.  Anstin  Allilxtne,  in  1S7;{,  (wo  years  befon-  Mi', 
Hinney's  (h'ath,  (le(li<'a(('s  his  "roelical  (2"«»(;>(ions" 
(o  (lie  venerable  IJ>.1).,  "(lie  iiea<I  of  (he  American 
Bar,"  and  s(a(es  (ha(  (liat  was  tlie  verdic(,  verbally 
expressed  (o  him,  of  Charles  Snmuer  of  (he  l{os(()n 
bar,  and  NN'illiam  M.  lOvaiMs  of  tin'  New  York  bar. 


20 


LIFE  SKETCH  OF 


FKANCIS  MARION  BLACK,  MISSOUIU. 
(183() .) 

Chief  Justice  Blaik  of  the  Supreme  Coiiit  of  Mis- 
souri was  hoi'H  on  liis  fatlier's  farm,  in  Champaign 
oounty,  Ohio,  July  24,  183(1.  lie  was  a  tiller  of  the 
soil  until  twenty-one.  IhM'eceived  a  college  education, 
studied  law  with  John  II.  Young,  of  Urbana,  Ohio, 
and  emigrated  to  Alissouri  in  18(i4,  locating  in  Kansas 
City,  where  he  still  resides.  He  was  a  leader  of  the 
bar  of  that  city  when  elected  to  the  Circuit  Judge- 
ship, in  1880.  In  1884  he  was  promoted  to  the  Su- 
preme Bench  of  Missouri  for  ten  years.  He  was  a 
distinguished  member  of  the  State  Constitutional 
('onrention  of  1875,  and  City  Counselor  of  Kansas 
City,  in  1874. 

Ills  practice  at  the  bar  covered  a  wide  lange,  em- 
bracing commercial,  corporation  and  land  law,  and 
all  the  departments  of  e(pii1y,  in  all  of  which  he 
ranked  among  the  first  lawyers  of  the  State.  Tlior- 
(Mighly  trained,  laboriously  industrious,  mag- 
fiificently  endowcnl  as  to  intellectual  qualitica- 
tions,  sound,  almost  to    infallibility,  in    judgment. 


ran 
Ilia 

IIIC 

Iv 


FRANCIS  MARION'  BLACK. 


21 


tl. 

of  Mis- 
upaign 
•  of  tlu' 
nation, 
1,  Ohio, 
Kaussas 
r  of  tbe 

Judge- 

Ihe  Su- 
o  was  a 
tutional 

Kansas 

ngo,  em- 
law,  and 
vliicli  lu' 
.  Tlior- 
us,  mag- 
[jualitica- 
idgment, 


of  the  broadest  and  strongest  common  sense,  partisan 
ill  ndvooary,  ue  was,  indeed,  a  formidable  adversary, 
rpon  the  Circuit  Bench  he  added  largely  to  his  repu- 
tiition  as  a  lawyer,  and  fulfilled  his  duties  to  the  uni- 
versal acceptance.  But  it  was  as  a  Judge  of  the  Su- 
preme Court  that  his  powers  and  capacities  have 
l.een  most  conspicuously  shown.  He  has  great 
powers  of  condensation,  as  in  the  case  of  Johnson 
V.  Turner,  95  Mo.  431,  he  read  every  line  of  the  14,000 
pages  of  manuscript,  and  compressed  the  same  into 
K.'OO  words,  omitting  no  salient  fact.  During  less 
tlian  ten  years  on  the  bench  he  has  written  (83-120 
Mo.)  r»57  opinions,  including  13  dissents,  and  8  sepa- 
rate opinions — nearly  all  concluding  with  the  charac- 
teristic words,  "All  concur."  He  occupies  a  high 
l»(>sition  among  his  associates,  and  his  decisions  will 
rank  among  the  best  ever  deliverel  in  anv  State.  It 
maybe  said  without  disparagement  to  others,  that  in 
menial  (Midowment  and  legal  eipiipment,  he  has  rare- 
ly had  his  eipml. 


i 


i 


22 


/,//'•/■;  sh'F.TCir  OF 


Testiinouy  of  Ex-Oovernor  Francis. 
"Never  luive  I  come  in  contact  witli  a  man  more 
guileless,  more  sincere,  more  candid,  more  courage- 
ous, more  devoted  to  his  duty  or  more  conscientious 
in  tlie  discharge  thereof?  He  is  a  man  of  erudition, 
of  wonderful  breadth  of  mind,  of  marvelou?  'joi  --e- 
hension  and  of  incomparable  election  of  the  ^  uii^.  «.l' 
law  or  equity  involved." — Ex-Gov.  David  1\.  Francis 
of  Missouri,  Oct.  1894. 


1 


JEREAflAH  SULLIVAN  BLACK. 


23 


an  more 
couraj^o- 
;ientious 
[•uAition, 

':oi     '"'e- 

Francis 


■  W. 


1 


JEREMIAH     SULLIVAN     BLACK,     TENXSYL- 

VANIA. 

(1810-1883.) 

"The  Tribnue  of  the  People."  He  was  born  In 
the  "Ghides,"  h^()meri^'et  county,  Pennsylvania,  Jan- 
uary 10,  1810.  Died  near  York,  August  19,  1883, 
aged  seventA'-three.  He  was  of  Scotch-Irish  descent, 
received  a  fair  academic  education  and  a  vear's  train- 
ing  in  classics,  studied  law,  and  was  licensed  to 
practice  before  twenty-one.  He  was  at  once  made 
Prosecuting  Attorney  of  his  county;  from  1841  to 
1851  he  was  President  Judge  of  the  Sixteenth 
Judicial  District    of    Pennsvlvania;    Chief    Jus^^ice 

t 

uf  the  State,  1851-2,  and  Associate  Justice  to  1857, 
.hen  he  was  appointed  by  President  Buchanan  At- 
!  iney  General  of  the  United  States,  and  on  Decem- 
ber 7,  18(10,  Secretary  of  State.  He  was 
appointed  Associate  Justice  of  the  United 
States  Supreme  Court,  but  was  not  contirmed. 
lie  was  aftenvards  appointed  Supreme  Court  re- 
porter, and  published  1  and  2  Black. 

His  oiiinions  as  a  State  judge  appear  in  12  vol- 


34  LIFE  SKETCH  OF 

limes  (5  ITsirris  to  4  Casey),  in  which  he  has  discussed 
the  law  in  all  its  branches.  Ilis  practice  in  the 
Uri+ed  States  Supreme  Court,  after  official  retire- 
mer.  s  large  and  lucrative.      ITe  received  out  of 

the  New  Idria  Quicksilver  Mine  case  alone  $160,000 
in  fees.      He  argued  nearly  all  cases  of  political  sig- 
nificance during  the  reconstruction  period,    except 
the  test-oath  cases;  was  leading  counsel  against  the 
Government  in  the  cases  of  Blj'ew,  Milligan  and  Mc- 
Cardle,  and    many  others  involving  constitutional 
rights  of  the  States  and  of  the  citizen.     The  Vandor- 
bilt  will  case  and  the  McGarrahan  claim  were  amoug 
his  important  cases.       He  was  President  Jolinson's 
counsel  in  the  impeachment  trial,  aud  of  counsel  for 
Tihien      before    the      Electoral    Commission.      Ills 
every      performance    bears    the   impress    of      liis 
wonderful  miud.      "Simjdicity,  directness  and  vigor 
were  his  predominating  qualities,"  says  eTudge  Maish. 
Of  the  Rlyew  argument  A.  II.  Garland  said:    "It  was 
the  finest  combination  of  law,  logic,  rhetoric  and  elo- 
quence I  ever  listened  to."        He  had  a  large  nose, 
high  forehead,  shaggy  eyebrows,  and  a  tall,  brawny, 
commanding  presence.       lie  was  familiar  Avllh   al- 


JEREMIAH  SULLIVAN  BLACK.  .  25 

most  the  entire  Held  of  English  literature  and  the 

Latin  classics. 

A  Liar. 

"If  he  took  an  oath  he  was  a  liar,  I  might  believe 
liiui." — Said  of  a  witness. 

Iteply  to  Wayne  MacVeagh. 

"My  friend  from  Dauphin  (Mr.  MacVeagh)  spoke 
of  legislation  under  the  figure  of  a  stream,  w'hich,  he 
said,  ought  always  to  flow  with  crystal  water.  It  is 
true  that  the  Legislature  is  the  fountain  from  which 
tlie  current  of  our  social  and  political  life  must  run, 
or  we  must  bear  no  life;  but  as  it  now  is,  we  keep 
it  merely  as  a  cistern  for  foul  toads  to  knot  and  gen- 
der in.  lie  has  described  the  tree  of  liberty,  as  his 
poetic  fancy  sees  it,  in  the  good  time  coming,  when 
weary  men  slmll  rest  under  its  shade,  and  singing 
birds  sliall  inhabit  its  branches  and  make  most  agree- 
able music.  But  what  is  the  condition  of  that  tree 
now?  ^^'eary  men  do  indeed  rest  under  it,  but  they 
rest  in  their  unrest,  and  the  longer  they  remain  there 
the  more  weary  they  become.  And  the  birds — it  is 
not  the  woodlarlc,  nor  the  thriisli,  nor  the  nightingale, 
nor  any  of  the  musical  tribe,  that  inhabit  the  branches 
of  our  trees.  The  foulest  birds  tliat  wing  the  air  have 
made  it  tlieir  roosting  place,  and  their  obscene  drop- 
pings cover  all  the  plains  about  them — the  kite,  with 
bis  ])enk  always  sharpened  for  some  crude  repast; 
(be  vulture,  ever  ready  to  swoop  upon  his  prey;  the 


26 


LIFE  SKKTCir  OF 


buzzard,  digesting  his  filthy  meal  and  watching  for 
the  moment  when  he  can  gorge  himself  again  npou 
rhe  iH'ostrate  carcass  of  the  commonwealth.  And 
the  raven  is  lioarse  that  sits  there  croaking  despair 
to  all  who  approach  for  any  clean  or  honest  purpose." 
— Kemarks  in  Constitutional  Convention  which 
adopted  the  Constitution  of  Pennslyvania  of  1873. 

The  Inllucnc*'  of  Literature. 

"A  language  (or  any  kind  of  literature),  though 
forgotten,  enriches  the  mind  as  a  crop  of  clover 
plowed  down  fertilizes  the  soil." — Speaking  of  Mat- 
thew IT.  Carpenter's  early  acquisition  of  French. 

A  Dissenting  Opinion. 

"The  judgment  now  about  to  be  giA'en  Is  one  of 
death's  doings.  I^o  one  can  doubt  that  if  Judge  Gib- 
son and  Judge  Coulter  had  lived,  the  plaintiff  could 
not  have  been  thus  deprived  of  his  property,  and 
thousands  of  other  men  would  have  been  saved  from 
the  imminent  danger  to  which  they  are  now  exposed 
of  losing  the  homes  they  have  labored  and  paid  for. 
But  they  are  dead,  and  the  law  which  should  have 
protected  those  sacred  rights  has  died  with  them.  It 
is  a  melancholy  reflection  that  the  property  of  a  citi- 
zen should  be  held  by  a  tenure  so  frail.  But  new 
lords,  new  laws  is  the  order  of  the  day.  Hereafter, 
if  any  man  be  offered  a  title  which  the  Supreme 
Court  has  decided  to  be  good,  let  him  not  buy  it  if  the 


-m 


■i 


1 

"It 


I 


JEREMIAH  SULLIVAN  BLACK. 


27 


jiidj;<'S  who  iiiatle  the  decision  are  dead;  if  they  are 
livinj?  let  liim  get  an  insurance  on  their  lives,  for  ye 
I<ii(»w  not  what  a  day  or  an  hour  will  bring  forth. 
The  majority  of  this  court  changes  on  the  average 
once  every  nine  years,  without  counting  the  changes 
of  death  and  resignation.  If  each  new  set  of  judges 
shall  consider  themselves  at  liberty  to  overthrow  the 
doctrines  of  their  i)i'edecessors,  our  system  of  juris- 
pi'udence  (if  system  it  may  be  called)  would  be  the 
most  fickle,  uncertain  and  vicious  that  the  civilized 
world  ever  saw.  A  French  constitution  or  a  South 
American  republic,  or  a  Mexican  administration, 
would  be  an  immortal  thing  in  comparison  to  the 
short-lived  principles  of  Pennsj'lvania  law.  The 
rules  of  property,  which  ought  to  be  as  steadfast  as 
the  hills,  will  become  as  unstable  as  the  waves.  To 
avoid  this  great  calamity,  I  know  of  no 
resource  but  that  of  stare  decisis." — From 
his  dissenting  opinion,  in  Hole  v.  Ritten- 
house,  2  Phila.  Reports,  417.  It  was  an  ejectment 
suit,  aud  was  before  the  Supreme  Court  three  times. 

A  Great  User  of  Tobacco. 

•Judge  Black  was  an  able  chewer  of  tobacco.  In 
the  McCardle  case,  in  which  Carpenter  and  Black 
w cic  of  opposing  counsel,  the  latter  had  begun,  as  the 
raiise  i)rogressed,  to  chew  and  strengthen,  and 
strengthen  and  chew.  On  observing  this,  Carpenter 
leaned  over  to  Lyman  Trumbull  and  whispered  audi- 
bly:   "They've  got  us.      Black  has  filled  one  spittoon 


28  LIFE  SKETCH  OF 

and  just  sont  for  another." — Fknver's  "Life  of  Car- 
penter," \\.  555. 

Ilair  by  Purchase. 

Judge  Bhick  for  a  lonj?  time  wore  a  wig.  On 
one  occasion,  having  donned  a  new  one,  he  met  Sen- 
ator Ba3'ard  of  DelaAvare,  Avho  thus  accosted  him: 
"Why,  Black,  how  young  you  look;  you  are  not  so 
gra}'  as  I  am,  and  you  must  be  tAventy  years  (dder," 
"Humph!"  reidied  the  judge,  "(lood  reason;  your  hair 
comes  by  d'^scent,  and  I  got  mine  by  ])urchase."- - 
December,  '1)8.      Oreen  Bag'. 

Lamentations  of  Jeremiah. 

"In  reviewing  a  case  which  came  up  from  the 
court  of  his  old  friend.  Judge  Moses  Hampton,  Judge 
Black  remarked  that  surely  IMoses  must  have  been 
wandering  in  the  wilderness  when  he  made  his  decis- 
ion, and  sent  the  case  back  to  the  lower  court.  Judge 
Hampton  on  its  second  trial  took  occasion  to  remark 
that,  although  he  would  have  to  submit  to  the  high- 
er authority,  yet  still  tlionght  lie  was  rigl:t,  Mn  s])ite 
of  the  Lamentations  of  Jeremiah.' "--January,  1801, 
CJreen  Bag. 

A  Mining  Case  Fee — The  Osage  Land  Case. 

Out  of  the  case  of  the  New  Idria  Quicksilver 
Mine  alone  Mr.  Black  realized  |1G0,000  fees;  and 
st)me  of  his  finest  forensic  efforts  were  made  in  this 
line  of  cases.      His  daughter,  Mary  Black  (,'layton, 


I 


'JEREMIAH  SULLIVAN  BLACK, 


2d 


relates  that  after  the  Supreme  Court  had  decided  the 
Osaj^e  Land  case  iu  his  favor,  by  which  the  homes  of 
the  inhabitants  of  live  counties  in  Kansas  were  saved 
to  them,  he  sent  this  telegram:  "Opinicni  by  Davis. 
Miller  aflirmed.  Lawrence  sustained.  Shannon 
honoi'ed.  I'eck  glorified.  Justice  vindicated. 
'I'ruth  trluuiphant.  Settlers  i)rotected.  The  Lord 
<io(l  Omnipotent  reigneth."^ — Iteuiiniscences  of  Jere- 
miah S.  Black,  by  Mary  Black  Clayton,  St.  Louis, 
1887. 

Judge  David  Davis'  Tribute. 

After  Judge  Black's  speech  iu  the  Goodyear  case, 
Judge  David  Davis  said:  "It  is  useless  to  deny  it. 
Judge  Black  is  the  most  magnificent  orator  at  the 
American  bar.'' 


(larland's  Tribute. 

Attorney  General  frarland  declared,  after  Judge 
niack's  argument  in  the  United  States  vs.  Blyew  et  al. 
(13  AVallace,  581),  inv(dving  the  Civil  Rights  Bill- 
that  Judge  Black's  argument  was  the  finest  combina- 
tion of  law,  logic,  rhetoric  and  eloquence  he  had  ever 
listened  to, — W.  N.  llensel's  article  on  Judge  Black. 
— ^lay,  1890.      Green  Bag. 


do 


LIFE   SKETCH  OF 


8m  WILLIAM  BLACKSTONE,  ENGLAND. 
(1 723-1 7S0.) 

Said  by  Ilonio  T<)«ike  "to  bo  the  author  of  a  <j;oo(l 
gontlcniairs  law  book,  cicw  but  not  docp."    I'oni  in 
London,  .July  10,  ITl'.'J.   Died  tli-ic  l^'bi-uiii-y  11,  17S0, 
a^i'd     fifty-six.       Ilis  fatlicr,    a    silkinan,     died     he- 
fore   his   birth,     and     his     molhci'     when     he     was 
eleven.       Entered       a     seminaiy     at     seven,     lead- 
in};       all        at       fifteen,     when      he     left       for     Ox- 
ford, devotinj;'  hinistdf     for  three  years   lo  classics, 
mathematics  and  literature,  of  \\hich  he  lo(»k  jtoet- 
ical  leave  in  "A  Lawyer's  I'arewell  to  His  Muse,"  at 
eij'hteen  !<»  entei-  the  Innei-  Temple,      P'rom  his  call  to 
the  bar  at  twenty-three    till     he    was    forty-six     he 
was     en,!j;a};ed      in      but     two     cases     IJobinson     \'. 
liland,  as  to  whetliei-a  jj,aniin};  d<'bt  made  in  France 
is  recoverable  in  lOnj^land,  and  Tonson  v.  Collins,  as  to 
common  law  ri}>ht  in  literary  ))ro])erty.     His  arj^n- 
ments  were  able  and  inj^vnions.     He  ac(inired  little 
celebrity  as  an  advocate,  actinj;'  as  counsel  princi- 
l)ally,  not  being  "happy  in  a  {graceful  delivery  or  a 


! 


S//i  IVILL/AM  BLACKSTONE. 


31 


flow  of  eloquence."  As  a  common  Pleas  Judge,  from 
1770  until  his  deatli — except  ii  few  months  on  the 
King's  Bench — he  was  painstiiking  and  learned,  but 
cautious  and  formal.  His  most  famous  decision, — 
Perrin  r.  Blake,  is  an  exhaustive  discussion  of  the 
rule  in  Shelley's  case.  His  fame  chiefly  rests  upon 
his  law  lectures  and  "('ommenfarics  on  the  Laws  of 
England,"  the  writing  of  which  "n)ade  him  a  learned 
lawyer,"  says  Ellenborough.  They  were  an  attempt 
at  a  scientific  classification,  but  the  arrangement  is 
said  to  be  copied  from  TTale  and  the  ])hilosophy  from 
I'ufl'endorf,  Locke  and  Montes<iuieu.  They  i)assed 
through  eight  editions  during  his  life,  and  with  his 
h'cfures  made  him  .'^80,000.  Tlie  woj-k  has  not  been 
I'cprinted  since  1844  in  England,  being  supi)lanted  by 
St<'phens'  "New  Commentaries."  He  lacked  analytical 
power,  original  thought,  intellectiml  independence, 
and  a  knowledge  of  civil  law;  but  showed  wonderful 
research,  and  wrote  in  a  clear,  elegant  style.  Was  a 
great  reader  and  had  a  wonderful  memory.  Was 
]tnnctual,  irritable,  sedentary,  near-sighted,  corpu- 
liM.t,  orderly,  reserved  and  dignified. 


89 


LIFE  SKETCH  OF 


Learning  Out  of  Use — Necossary. 

"The  lejirning  out  of  use  is  as  necessary  lo  a  be- 
ginner as  that  of  every  day's  prai'liee." 

English  Navy. 

"Tlie  royal  navy  of  England  haOi  ever  been  its 
greatest  defense  and  ornament;  it  is  its  ancient  and 
natural  strength,— (he  tloatiiig  bulwark  of  our 
island." — 1  Blackstone's  Ounnientaries,  Cli.  i;{,  S«m'. 
418. 

Time  Whereof,  Etc. 

"Time  whereof  the  memory  of  man  runneth  not 
to  the  contrary." — 1  vol.  (Commentaries,  V\\.  18,  Sec. 

Use  of  GovernuK'nt. 

"The  principal  use  of  government  is  to  direct  the 
united  strength  of  the  community  in  the  best  and 
most  effectual  manner  to  prote<t  the  weakness  of  in 
dividuals." 

The  Law. 

"The  law  is  a  palace  full  of  liglit  and  architect- 
ural symmetry'  and  grace." 

Witchcraft. 

"Inasmuch  as  both  the  Scriptures  and  the  laws 
of  England  recognize  the  crime  of  witchcraft,  I  can- 
not take  it  upon  myself  to  deny  that  there  has  been 


S/K   WILL/ AM  DL  iCKSTONE. 


88 


such  a  thinp:,  though  I  cannot  give  credit  to  any  par- 
ticular modern  instance  of  it." 

Disliked  the  Title  of  "Doctor." 

After  Mr.  Blackstone  became  a  Doctor  of  Civil 
Law,  liis  bookseller  accosted  him  as  "Doctor."  It 
threw  him  into  such  a  rage,  and  had  such  an  instan- 
taneous and  violent  effect,  and  operated  on  him  to  so 
alarming  a  degree  that  the  p(>or  bookseller  thought 
lie  sliould  have  to  send  for  a  physician. 

He  Plagiarized  Puffendorf,  Etc. 

"Ilis  philosophy  of  law  was  but  a  confused  ming- 
ling of  the  theories  of  Puffendorf,  Locke  and  Montes- 
quieu."— G.  P.  Macdonald,  "Stephen's  Die.  of  Nat. 
Riog.,"  p.  137. 

Tribute  to  His  Commentaries. 

"Ilis  Commentaries  are  the  most  correct  and 
beautiful  that  were  ever  exhibited  of  any  human  sci- 
ence."— Sir  Wm.  Jones. 


Clothed  the  Skeleton  of  the  Law. 

"lie  it  was  who  first  gave  to  the  law  the  air  of  a 
science.  He  found  it  a  skeleton,  and  clothed  it  with 
life,  color,  and  complexion:  he  embraced  the  cold 
statue,  and  by  his  touch  it  grew  into  youth,  health 
and  beaut}'." — Lord  Avonmore. 


34 


LIFE  SKETCH  OF 

How  He  Became  Learned. 


"lie  made  himself  a  learned  lawyer  by  writing 
tlie  Commentaries." — Lord  Ellenborongli. 

Commentari'  s — A  Smattering  of  Everything. 

"Though  the  most  eloqnent  and  best  digested  of 
•our  catalogue,  has  been  perverted  more  than  'all 
others  to  the  degeneracy  of  legal  scietice.  A  student 
finds  there  a  smattering  of  eve"ytliing,  and  his  in- 
dolence easily  persuades  him  that  if  he  understands 
that  book  he  is  master  of  the  whole  body  of  the  law." 
— Thomas  Jefferson. 

Copy  of  Ilale. 

The  arrangement  is  a  slavish  and  blundering 
copy  of  Sir  Matthew  lliile's;  in  the  whole  work  there 
is  not  a  single  particle  of  original  discriminating 
thought;  its  dattery  ot'  English  institutions  is  a  'pal- 
try but  effectual  artifi  :e'  which  has  made  it  popular." 
— Austin. 


Capital  Crimes  in  His  Time. 

AVhen  the  first  edition  of  Sir  Wm.  Blackstone's 
Commentaries  appeared  in  17G9  there  were  IGO  of- 
fenses punishable  with  death.  From  murder  in  the 
first  degree  to  the  stealing  of  a  watch. 


SIR  WILLIAM  BLACKSTONE.  86 

His  Farewell  to  Literature. 

"But  now  the  pleasing  dream  is  o'er, — 
These  scenes  must  charm  me  now  no  more: 
Lost  to  the  fielci  and  torn  from  you, 
Farewell !~a  long,  a  last  adieu! 

*     «     * 

Then  welcomt^  business,  welcome  strife. 
Welcome  the  cares,  the  thorns  of  life, 

»     »     » 

The  drowsy  bench,  the  babbling  hall. 
For  thee,  fair  Justice,  welcome  all!" 

—Extracts   from   "The   Lawyer's   Farewell   to   His 
Muse." 


% 


88 


LIFB  SKETCH  OP 


EDWARD  BLAKE,  CANADA. 

(1833 .) 

Imperial  and  Canadian  statesman,  M.  A.  LL.D., 
Q.  C,  M.  P,  Born  amid  scholarly  surroundings  near 
London,  Ontario,  October  13,  1833,  eldest  son  of 
William  Hume  Blake,  vSolieitor  General  and  Chancel- 
lor of  Upper  Canada,  educated  at  Upper  Canada  Col- 
lege and  University  of  Toronto,  taking  gold  medal 
and  first  class  honors  in  classics  with  degrees  of  M. 
A.  and  IJv.D.,  and  is  now  Chancellor  of  that  univer- 
sity, being  appointed  in  1870,  Called  to  the  bar,  1856, 
Queen's  Counsel,  1804,  he  lias  been  Lecturer  on 
Equity,  Jurisprudence,  Hxaminer,  Bencher  and 
Treasurer  of  the  Law  Society  at  Toronto.  Was  one 
of  the  framer«  of  the  Constitution  of  the  Dominion  of 
Canada.  Elected  to  Parliament,  18()7,  for  South 
Brucf  in  the  Ontario  Legislature,  and  for  West  Dur- 
ham in  the  Canadian  House  of  C'ommons,  Led  the 
Opposition,  18()8-71,  and  founded  a  government  and 
became  president  of  the  Executive  Council.  Was 
member  of  the  Privy  ('ouncil  at  Ottawa,  1873;  Min- 
ister of  Justice,  1875,  and  President  of  the  Council, 


% 


EDIVARD  BLAKE.  ;87 

1877,  Was  a  member  of  the  Dominion  Parliament 
from  18(17  to  1891,  and  leader  of  the  Liberals  from 
1880  to  1889.  His  efforts  in  the  Paeitic  scandal  of 
1873  were,  perhaps,  the  jjreatest  in  ('anadian  history. 
In  1892  he  was  elected  to  the  liritish  House  of  Com- 
mons for  South  Lonjiford,  by  the  Irish  Nationals, 
he  was  one  of  the  jtreatest  «tf  debaters  and  a  colleague 
of  Gladstone  and  Justin  McCarthey. 

He  has  had  an  enormous  practice,  and  is  eminent 
as  a  constitutional  lawyer,  and  famous  before  the  Im- 
perial Pri^7  Council.  Some  of  his  addresses  are  the 
longest,  most  sustained  and  powerful  on  record.  He 
is  head  of  the  firm  of  Blake,  Lash  &  >tels,  and  a 
standing  counsel  of  the  Canadian  Pacilio  Haihvas . 
He  declined  the  Chancellorship  of  Ontario,  18«llt,  .md 
the('hief  ^j.^ticeship  of  the  Supreme  Court  of  the  Do- 
minion, 1875.  He  has  a  wonderful  mind,  a  fertile  in- 
tellect, and  marvelous  fluency,  being  one  of  the  most 
correct  speakers  of  the  English  language  living. 


LIFE  SKETCH  OF 


SAMUEL  BLATCHFORD,  NEW  YORK. 

(1820-1893.) 

Eleven  jears  an  Associate  Justice  of  tlie  United 
States  Supreme  Court  and  twentv-six  years  on  a  Fed- 
eral bench.  Born  in  New  York  city,  March  9,  1820. 
Died  at  Newport,  Rhode  Island,  July  7,  1893,  aged 
seventy-three.  Was  the  son  of  Richard  Blatehford, 
for  many  years  counsel  for  the  Bank  of  the  United 
States,  and  for  a  longer  time  counsel  for  the  Bank  of 
England,  and  one  of  the  executors  of  the  will  of 
Daniel  Webster.  Young  Blatehford  was  prepared  for 
college  by  the  celebrated  classical  scholar,  Dr.  Charles 
Anthon;  graduated  from  Columbia  at  seventeen;  two 
years  later  was  made  private  secretary  by  Governor 
Williair  H.  Seward;  admitted  to  the  bar,  1842;  formed 
a  law  partnership,  1845,  with  Wm.  II.  Seward  and 
Christopher  Morgan,  at  Auburn;  removed  to  New 
York  city,  1854;  appointed  United  States  District 
Judge,  1867,  by  President  Johnson,  and  to  the  Su- 
preme Bench,  March,  1882,  by  President  Arthur.  He 
is  the  author  of  twenty-four  volumes  of  Circuit  Re- 
ports.   Was  made  LL.D.  by  Colum'  ia  Oillege,  1867, 


SAMUEL  BLATCHEORD.  89 

and  w.as  one  of  its  trustees  from  that  time  until  bis 
death. 

He  ranks  liigh  as  an  admiralty  jndj;e.  "No  stu- 
dent," says  Joseph  II.  Clioate,  "need  go  outside  of  his 
decisions  to  make  himself  master  of  the  law,  theory 
and  practice  of  admiralty."  In  the  law  of  patents  he 
has  left  a  broad  and  deep  mark,  and  in  the  law  of 
bankruptcy  he  was  almost  a  creator.  "Ilis  chief  char- 
acteristic as  a  judge,"  says  Attorney  General  Olney, 
"may  be  said  to  consist  in  the  strictly  business  qual- 
ity of  his  work."  lie  had  great  ability  to  pluck  a 
record  quickly  of  its  vital  facts.  Was  conscientiously 
opposed  to  dissenting  opinions,  thought  after  discus- 
sion all  should  unite  and  declare  tlie  law  with  un- 
broken voice,  consequently,  out  of  his  430  decisituis, 
(105-140  U.  S.),  there  are  to  be  found  but  five  dissents. 
Ilis  judgments  are  lucid,  accurate,  sound;  but  rather 
harsli  and  dry,  and  lack  comprehension  and  vivacity. 

lie  possessed  an  ample  fortune.  Was  of  medium 
height  and  weight,  dignified,  unassuming,  conscien- 
tious, quiet,  industrious,  safe,  methodical. 


I 


40 


LIFE  SKETCH  OF 


LOGAN  E.  BLECKLEY,  GEORGIA. 

(1827 .) 

Chief  Justice  of  Georgia.  Born  iu  Rabuu  county, 
Georgia,  July  8,  1827.  Is  the  son  of  an  Irish-English 
father  and  German  mother.  His  education  was  con- 
fined to  the  village  academy,  though  he  has  been  a 
wide  and  deep  reader.  He  read  law  alone,  and  was 
admitted  before  nineteen.  His  professional  income 
for  the  first  two  years  was  between  $35  and  |50.  He 
kept  books  three  j'ears;  was  made  secretary  to  the 
GoA'ernor;  settled  in  Atlanta;  was  elected  Solicitor 
General  for  eight  counties  of  Georgia,  and  served  four 
years.  Served  as  a  private  in  the  confederate  serv- 
ice, but  was  soon  discharged  on  account  of  ill-health. 
He  was  Supreme  Court  Reporter  in  18G4,  reporting 
34:th  and  35th  Ga.,  and  resigned  in  18G7.  He  was  ap- 
pointed to  the  Georgia  Supreme  Court  in  1875,  and  re- 
signed in  1880,  returning  as  Chief  Justice  iu  1887, 
which  office  he  still  holds. 

He  is  extremely  conscientious,  resigning  as  Su- 
preme Judge  mainly  for  that  reason.  He  says,  "My 
trouble  is,  to  become  fully  persuaded  that  I  know.     I 


LOGAN  E.  BLECKLEY. 


41 


reconsider,  revise,  scrutinize,  revise  the  scrutiny  and 
scrutinize  the  revision,  and  then  I  discover  the  thing 
is  all  wrong.  My  colleagues  are  called;  we  recon- 
sider and  decide  the  other  way.  Then  I  am  satisfied; 
for  when  I  know  the  law  is  not  on  one  side,  it  must  be 
on  the  other.''  His  style  is  epigrammatic,  for  exam- 
ple, "According  to  the  bill,  the  father  had  no  capital 
and  the  son  no  character.  The  man  without  char- 
acter carried  on  business  in  tlic  u  uu's  and  upon  the 
credit  of  the  man  without  capital,"  (Nussbaum  v. 
Fleitron,  63  Ga.  312).  "Trusts  are  children  of  equity; 
and  in  a  court  of  equity  they  are  at  home — under 
the  family  roof -tree,  and  around  the  hearth  of  their 
ancestors,"  (Kupperman  v.  McGehee,  63  Qa.,  250). 
He  is  a  wit,  a  philosopher,  a  poet  and  possesses  a  legal 
imagination  and  marked  individuality,  as  for  instance 
his  fixed  habit  never  to  go  to  sleep  in  debt.  He  has 
no  equal  in  "catching  a  case,"  and  thinks,  acts  and 
speaks  in  an  unconventional  way. 

Honesty  in  Politics. 

"There  is  the  same  reason  for  rigid  honesty  in 
politics  and  public  life,  in  elections  and  with  electors 
and  elected,  as  in  ordinary  private  business  or  per- 


42 


LIFE  SKETCH  OF 


sonal  conduct.  The  political  devil  is  no  more  to  be 
fought  with  fire  without  terrible  consequences  to  the 
best  interest  of  the  community,  than  is  the  devil  of 
avarice  or  envy  or  ambition,  or  any  other  of  the  nu- 
merous devils  which  infest  society." 

Wisdom  a  Lost  Art. 

"If  we  have  reached  a  state  of  degeneracy  where 
virtue  has  ceased  to  be  practical,  and  where  vice  and 
fraud  are  forces  of  such  potency  that  they  can  be  met 
and  resisted  only  by  forces  of  like  kind,  I  think  wis- 
dom is  already  a  lost  art,  and  that  we  are  on  the  con- 
fines of  perdition  and  that  ere  long  we  shall  tumble 
over  the  wall  and  be  swallowed  up  in  the  pit." 

Preaching  is  the  Hog  and  Hominy  of  Religion. 

"If  any  debt  ought  to  be  paid,"  said  Justice 
Bleckley,  "it  is  one  contracted  for  the  health  of 
souls,"  and  he  therefore  ordered  a  Baptist  church  in 
Georgia  to  pay  the  back  salary  of  the  preacher,  re- 
marking, in  passing,  that  simple  and  exact  justice  in 
the  relation  is  "the  hog  and  hominy,  the  bacon  and 
beans,  of  morality,  public  and  private." 

Illuminating  Wit. 

"When  it  comes  to  wit,  of  the  sort  that  illumi- 
nates the  subject.  Chief  Justice  Bleckley  is  easily 
chief  among  all  American  judges." — Irving  Browne 
in  July,  1894,  Green  Bag. 


LOGAN  E,  BLECKLEY. 

His  Appearance  Written  by  Himself. 


48 


"In  person  he  is  taJl,  angular  and  ungraceful; 
and  though  he  has  a  passion  for  beauty,  no  trace  of 
that  enchanting  quality  is  visible  upon  his  own  face. 
He  himself  admits  to  his  confidential  friends  that  he 
is  ugly."— For  the  Supreme  Court  of  the  North  Amer- 
ican States  and  Provinces. 


Fear. 

"I  see,  on  either  hand,  a  cave 
That  opens  downward  through  the  grave — 
Ten  thousand  heavens  were  in  vain, 
For  hell  may  be  a  hell  of  pain, 
Or  that  which  seems  a  lower  deep — 
The  hell  of  everlasting  sleep; 
And  thus  the  chance  for  bliss  for  me, 
If  lots  were  cast,  is  one  in  three. 
The  loss  of  self,  or  loss  of  peace! 
Twin  perils  now  to  me  so  nigh! 
Until  they  cease,  or  seem  to  cease, 
I  pass  all  minor  changes  by. 
Between  these  hells  of  sleep  and  flame 
I  do  confess  myself  to  blame; 
Like  Adam,  I  have  disobeyed, 
And  I,  like  Adam,  am  afraid." 
-From  Poem  on  "Fear,"  written  March,  1893. 


4(  LIFE  SKETCH  OF 

Faith. 
"The  what  and  the  where  and  the  when 
Must  needs  be  uncertain  to  men ; 
For  the  future,  if  distant  or  near, 
Lets  none  of  its  secrets  appear, 
No  definite  hope  may  endure, 
No  favorite  bliss  be  secure, 
Not  even  existence  be  sure; 
But  the  something  that  ought  to  befall, 
Will  happen  at  last  unto  all." 

—From  Poem  on  "Faith,"  Sept.,  lb. 9. 


5//?    CHARLES  S.  C.  BO  WEN. 


46 


SIR  CHARLES  S.  C.  BOWEN,  ENGLAND. 

(1835-1894.) 

Late  Lord  Justice  of  Appeals,  which  position  he 
held  from  1882  to  1803,  being  succeeded  by  Sir  Hor- 
ace Davey  upon  his  promotion  to  the  House  of  Lords. 
He  was  a  Privy  Counsel,  Fellow  of  the  Royal  Society, 
Doctor  of  Civil  Laws  of  Oxford  University  and  Doc- 
tor of  Laws  of  the  University  of  Edinburgh.  Born 
fit  WoUaston,  Gloucestershire,  in  1835,  died  April  9, 
1894,  aged  fifty-nine.  Was  the  eldest  son  of 
the  Rev.  Christopher  Bowen;  educated  at 
Rugby  and  Balliol  colleges,  Oxford,  where  he 
carried  off  three  of  the  great  university 
priaes,  including  the  Hertford  and  Ireland  schol- 
arships and  the  Arnold  prize  essay.  He  was 
placed,  1858,  in  the  first  class  of  classical  honors,  and 
called  to  the  bar  at  Lincoln's  Inn  in  1801.  Became 
senior  member  of  the  "Truck  Commission,"  in  1870, 
junior  standing  counsel  to  the  Treasury,  1872,  Re- 
corder of  Penzance  the  same  year,  Judge  of  the 
Queen's  Bench  Division  of  the  High  Court  of  Justice, 
1872,  on  the  retirement  of  Justice  Mellor,  and  a  Lord 


'8> 


46  LIFE  SKETCH  OF 

Justice  of  Appeals,  1882,  succeeding  Sir  John  Ilolljer. 
He  was  junior  to  llawlcins  in  tlie  Tichborne  pros- 
ecution, but  speedily  surpassed  his  leader  in  the  race 
of  promotion.  Every  educated  Englishman  is  proud 
of  his  name;  the  legal  profession  gloried  in  his  splen- 
did culture,  courtesy,  dignity,  and  mastery  of  the 
history,  theory  and  practice  of  the  law.  While  Jus- 
tice, often  when  the  puisne  judges  were  away  on  cir- 
cuit, he  returned  to  his  old  seat  in  the  Queen's  Bench 
Division  and  heard  common  law  actions.  The  list 
speedily  melted  away,  speculative  suits  were  dis- 
missed, family  quarrels  were  compromised  and  ques- 
tions of  accounts  were  quickly  sent  to  the  Oflficial 
Referee.  He  is  best  studied  in  the  Law  Reports, 
where  his  judgments  are  models  in  every  way.  He 
has  written  a  pamphlet  on  the  "Alabama  Question," 
and  an  historical  essay,  entitled  "Delphi,"  a  transla- 
tion of  Virgil  into  English  verse,  and  an  admirable 
chapter  on  the  progress  of  the  law  in  "The  Victorian 
Era." 

No  Moaning,  Etc. 

"Let  there  be  no  moa.aing  of  the  bar  when  I  go 
out  to  sea." — Said  byLord  Bowen  at  a  bar  meeting. 


SIR  CHARLES  S.   C.  BO  WE  A/.  47 

Trauslatiou  of  Aeneid. 

Ill  his  traiiHlation  of  the  Aeneid  it  is  said  that  he* 
has  produced  "tlie  stateliest  measure  ever  molded  by 
the  lips  of  man." 

His  Loss  the  Greatest  Since  Jessel. 

"His  death  was  the  greatest  loss  that  the  En- 
glish law  has  sustained  since  Sir  George  Jessel." — 
George  II.  Knott,  Common  Room,  Middle  Temple. 


46 


LIFE   SKETCH  OF 


JOSEPH  PHTLO  BRADLEY,  NEW  JERSEY. 
(1813-1892.) 

Twentj-two  years  Associat  Justice  of  the 
United  States  Supreme  Court.  Born  at  Berne,  New 
York,  March  14,  1813;  died  at  Washington,  January 
22,  1892,  aged  seventy-eight.  ITe  was  the  eldest  of 
eleven  children  of  a  poor  farmer  and  a  shrewd,  sweet- 
tempered  mother.  Taught  from  sixteen  till  twenty- 
one.  Graduated  from  Rutgers  at  twenty-three,  with 
Theodore  Frelinghuysen,  Cortlandt  Tarker  and  Gov- 
ernor W.  A.  Newell.  Completed  a  course  in  theol- 
ogy, but  abandoned  it  and  read  law  with  Archer  Gif- 
ford,  of  Newark,  and  was  admitted  at  twenty-six.  He 
was  thirty  years  in  practice,  appearing  in  the  most  im- 
portant causes.  He  was  noted  for  his  knowledge  of 
law  and  skill  in  its  application.  Was  appointed  As- 
sociate Justif^e  oy  President  Grant,  February  i,  1870, 
succeeding  Justice  Grier.  He  received  the  degree  of 
LL.D.  from  Lafayette  in  1859. 

Among  his  most  important  trials  were  the  Meek- 
er will  case,  the  Passaic  bridge  case,  the  New  Jersey 
zinc  and  the  Belvidere  land  cases,  and  tlic  Hardin 


JOSEPH  PHILO  BRADLEY.  49 

and  the  Donnelly  murder  cases.  His  intellectual 
distinction  was  thoroughness.  He  was  always  at 
work.  Said:  "All  I  ever  did  was  done  by  dogged 
and  unyielding  perseverance."  He  had  the  three 
elements  of  greatness — wisdom,  integrity  of  purpose 
and  simplicity.  Was  learned  in  common  law,  equity, 
admiralty,  civil  and  patent  law,  and  the  jurispru- 
dence of  the  world,  ancient  and  modern,  and  pro- 
ficient in  mathematics,  the  natural  sciences  and  as- 
tronomy, making  abstruse  calculations  for  forty  cen- 
turies ahead,  and  his  general  attainments  covered  a 
wide  range.  He  was  pronounced  by  one  of  his  asso- 
ciates "the  most  learned  man  he  ever  knew;"  by 
George  Harding,  "unsurpassed  as  a  patent  lawyer, 
if  ev«^r  equaled;"  and  by  Cortlandt  Parker,  "the  most 
deeply  informed  man  I  ever  met  on  subjects  for- 
eign to  his  profession."  His  decisions,  in  nearly  six- 
ty volumes  (9  Wall.— 141  U.  S.),  475  in  number,  with 
93  dissents,  are  couched  in  pure,  undefiled  English, 
vigorous  but  elegant.  He  was  simple,  unpresum- 
ing  and  kind,  and  an  honorable  Christian  gentleman. 


50 


LIFE  SKETCH  OF 


Judicial  Insight. 
"Some  men  seem  to  be  constituted  by  nature  to 
be  masters  of  judicial  analysis  and  insight.  Such 
were  Papinean,  Sir  Matthew  Hale  and  Lord  Mans- 
field, each  in  his  particular  province.  Such  was 
Marshall  in  his.  They  seemed  to  handle  judicial 
questions  as  the  great  Euclid  did  mathematical  ones, 
with  giant  ease." 

The  Accomplished  La\\'yer. 
"In  order  to  be  an  accomplished  lawyer,  it  is 
necessary',  besides  having  a  knowledge  of  the  law, 
to  be  an  accomplished  man,  graced  "with  at  least  a 
general  knowledge  of  history,  of  science,  of  philoso- 
phy, of  the  useful  arts,  of  the  modes  of  business,  and 
of  eA'erything  that  concerns  the  well  being  and  inter- 
course of  men  in  society.  Tie  ought  to  be  a  man  of 
large  understanding;  he  must  be  a  man  of  large  ac- 
quirements and  rich  in  general  information;  for  he 
is  a  priest  of  the  law,  which  is  the  bond  and  support 
of  civil  society,  and  which  extends  to  and  regulates 
every  relation  of  one  man  to  another  in  that  society, 
and  every  transaction  that  takes  place  in  it." — From 
an  address  before  the  Law  School  of  the  Fnivorsity  of 
Pennsylvania,  1884. 

Three  Great  Lawyers. 
"Three  men  in  our  generation  have  died  in  judi- 
cial harness  whose  names  will  be  as  imperishable  as 
the  law  itself     .Tc^sscl,  Miller  nnd  Brndloy."     .lohn  O. 
Johnson,  of  Phila<lolphia  bar. 


JOSEPH  PHILO  BRADLE  V. 

Blackstone. 


51 


"There  is  nothing;  to  compare  with  the  Coraraent- 
nnes  of  Sir  William  Blackstone,  in  completeness  of 
scope,  purity  and  elejrance  of  diction,  and  apposite- 
ness,  if  not  always  absolute  acruracy,  of  definition 
and  statement."—  Tdem. 

One  Book. 

"Perfect  familiarity,  perfect  mastery,  of  any  one 
good  book  is  a  mine  of  intellectual  wealth,  not  mere- 
ly not  so  much  for  tho  matter  which  is  thus  made 
one's  own,  as  for  the  vo<>abulary.  the  diction,  the 
style  and  the  manner  of  expression  which  is  mastered 
and  indelibly  fixed  on  the  mind."-— Idem. 

Oreat  Reader  and  Studied  Theolojjy. 

Re  read  nearly  everything;  in  his  uncle's  circulat- 
ing library,  and  while  at  college  completed  a  course 
in  theology,  but  before  graduation  gave  up  the  idea  of 
becoming  a  minister  and  decided  to  study  law. 

Library  and  Knowledge  of  It. 

His  law  library  numbered  nj)wards  of  .5,000  vol- 
umes, and  his  general  library  was  still  larger.  TTe 
was  a  reader  of  novels  and  extremely  foud  of  poetry. 
Re  made  a  special  study  of  Shakespeare  in  late 
years.  In  history,  biography  and  genealogA-  he 
seemed  to  know  something  of  the  personal  details  of 
almost  everybody  that  was  ever  heard  of. 


62 


LIFE   SKETCH  OF 


His  Loariiiug  of  the  Alphabet. 

Wheu  he  learned  the  alphabet  from  his  mother 
he  asked,  "Is  that  all ?"  lie  was  uot  content  with  the 
assurance  that  that  was  all,  but  took  down  a  book 
nearly  as  large  as  himself  and  went  through  from 
page  to  page  in  search  of  other  letters. 

Scientific  Scholar. 

He  applied  himself  to  scientific  investigation, 
to  problems  of  the  higher  mathematics,  astronomy, 
physics  and  mechanics.  Was  thoroughly  familiar 
with  the  principles  of  botany,  chemistry,  geology  ami 
kindred  sciences,  and  he  kept  pace  with  the  new  dis- 
coveries being  made  in  each  of  them. 

Biblical  Scholar. 


He  studied  foreign  languages,  reading  many 
great  authors  in  the  originals.  Became  one 
of  the  most  accomplislied  Biblical  scholars  in 
the  country.  Always  kept  beside  him  a  copy  of  the 
New  Testament  in  the  original  Ureek,  which  at 
church  he  never  failed  to  consult.  He  delivered  in 
vai'ious  places  just  before  coming  to  the  bench,  lec- 
tures upon  the  English  Bible. 

Broke  in  Bookcase. 

Judge  Bradley  had  a  violent  temper,  and,  al- 
though a  consistent  member  of  the  church,  would 
swear  at  inanimate  things  when  enraged.  On  one  oc- 


JOSEPH  PHILO  BRADLEY. 


53 


casion,  upon  going  to  his  office  to  get  two  or  three 
books  to  take  to  Trenton,  whither  he  was  going  to 
argue  a  case  in  the  State  Supreme  Court,  he  found 
to  his  tlisiuay  he  luid  changed  liis  pants  and  left  his 
book-case  key  beliind.  Siiys  a  student  then  reading 
in  his  office:  "He  was  so  much  put  out  that  he  took  an 
old  hatchet  lying  near  by  and  broke  in  the  fine  doors, 
saying,  as  was  his  habit:  'There,  I'll  teach  you  to  be 
locked,  d — n  you.'  " 

Cut  into  Shreds  a  New  Pair  of  Breeches, 

Upon  another  occasion,  (by  the  way,  he  was  very 
unconcerned  about  his  dress),  he  was  about  to  go 
away  to  appear  before  some  important  tribunal,  and 
Mrs.  Bradley  persuaded  him  to  change  his  breeches, 
which  were  out  at  tlie  knees  and  in  the  seat,  for  a 
new  pair  which  she  had  gotten  unknown  to  him.  He 
hurried  to  the  station,  only  to  find  he  had  been  left. 
When  he  returned  to  the  house  he  took  off  the  pants, 
took  out  his  knife  and  cut  them  into  shreds,  saying  as 
he  did  so:  "There,  d — n  you,  Til  teach  you  to  make 
me  miss  my  train." 

A  ^'ery  Learned  Man. 

"No  man  ever  sat  upon  the  bench  of  the  Supreme 
Court  of  the  United  States  who,  in  the  extent  and 
variety  of  his  knowledge,  has  surpassed  Mr.  Justice 
Bradley.  He  was  a  very  learned  man." — Frank  AY. 
Ilackett. 


64 


LIFE  SKETCH  OF 


Paid  $1,400  for  Uis  Neglect  to  Prott^t  aud  Collect  a 

Note. 

When  busy  one  day  writing  out  a  brief,  some 
client  came  bustling  into  his  office  aud  said  that  lie 
wanted  that  $1,500  note  protested,  laying  it  down; 
that  the  maker  was  insolvent,  but  the  iudorser  was 
good,  and  he  wanted  to  hold  him.  "All  right,"  said 
Bradley,  who  was  a  man  of  few  words,  "I'll  'tend  to 
it."  With  this  he  shoved  the  note  under  his  desk- 
pad  and  went  on  with  his  work.  In  a  few  days  the 
owner  of  the  note  called  to  see  if  Bradley  had  col 
lected  the  money  on  his  note.  "O,  yes,"  said  Bradley, 
at  the  same  time  taking  out  his  check-book  aud  hand- 
ing him  a  check  for  $1,400,  the  amount  of  the  note, 
less  his  fee.  The  fact  is,  the  note  had  been  forgotten 
and  was  then  lying  under  the  pad  right  where  Brad- 
ley had  put  it.  But  he  would  not  admit  his  careless- 
ness to  his  client,  and  thus  paid  $1,400  for  his  forget- 
fulness. 

Taken  by  a  Philadelphia  Janitor  for  a  Visitor. 

When  Bradley  first  went  to  Philadelphia  to  hold 
court,  he  was  accosted,  upon  entering  the  building, 
by  one  of  the  janitors,  who  taking  him  for  a  casual 
visitor,  assumed  to  show  him  over  the  various  floors. 
Coming  to  the  Judge's  Chambers,  Bradley  inquired 
what  room  it  was.  "Oh,  this  is  for  the  Judges;  but 
they  haven't  arrived  yet."  Laying  aside  his  umbrella 
aud  taking  ofif  his  coat  and  hat,  he  quietly  remarked: 
"One  of  them  has."— April,  1892,  Green  Bag. 


JOSEPH  PHILO  BRADLEY. 


55 


Being  Drawn  for  a  Justice's  Juryman  in  Washington. 
When  he  went  to  W^ashington  to  take  his  place 
as  Associate  Justice  upon  the  United  States  Supreme 
Bench,  he  was  walking  along  Pennsylvania  avenue 
when  a  constable  looking  for  a  jurj^man  on  the  street, 
summoned  him  as  one  of  the  six.  Bradley  went  al- 
most to  the  justice's  court  before  asking  the  consta- 
ble if  he  was  in  the  habit  of  putting  Justices  of  the 
Supreme  Court  of  the  United  States  in  his  jury  box. 
Bradley  said  he  had  a  good  mind  to  go  into  court  and 
carry  the  joke  still  further. 


■^ 


66 


LIFE   SKETCH  OF 


JAMES  TOPHAM  BRADY,  NEW  YORK. 

(1815-1869.) 

The  Curran  of  the  New  York  bar  and  the  most 
popular  advocate  of  his  time.  Born  in  New  York 
city  April  9, 1815;  died  there  February  9, 1869,  at  the 
age  of  fifty-three;  was  of  Celtic  origin;  educated  under 
his  father,  Thomas  S.  Brady,  a  successful  lawyer;  had 
good  knowledge  of  law  at  sixteen ;  admitted  at  twenty- 
one;  distinguished  himself  in  about  his  first  case  in 
the  release  of  Sarah  Coppin,  a  poor  English  girl,  who, 
having  been  robbed  upon  landing, was  thrown  into  the 
street  and  bound  out  by  the  authorities ;  Corporation 
Attorney  of  New  York  in  1845;  refused  United 
States  Attorney  Generalship;    was  never  married. 

Some  of  his  greatest  cases  were:  Goodyear  v. 
Day  (1  Blatch.,  565),  a  great  patent  case;  the  Allaire 
and  Parrish  will  cases,  involving  questions  of  medical 
jurisprudence;  the  Huntington  forgery  case;  the 
Cole  homicide  at  Albany;  defense  of  the  "Savannah 
Privateers"  for  piracy  (for  his  and  Mr  Evarts' 
speeches,  see  Snyder's  "Great  Speeches"  p.  343) ;    the 


JAMES  TOPHAM  BRADY.  57 

Forrest  divorce  suit;  the  defense  of  Daniel  E.  Sickles 
for  the  assassination  of  Philip  Barton  Key. 

lie  was  conspicuous  in  all  departments  of  the 
law,  and  in  winning  before  judges  and  juries  alike. 
Fv»r  over  twenty-five  years  he  was  in  most  of  the  im- 
portant cases  in  the  State  of  New  York.  His  suc- 
cess was  due  to  a  clear  statement  of  the  case,  skilful 
and  courteous  cross-examination  of  the  witnesses, 
and  tact  and  eloquence  with  the  jury — scarcely  losing 
a  case  where  engaged  before  them  a  week,  they  then 
seeing  through  his  eyes.  During  a  thirty-four  years' 
practice  he  defended  fifty-one  men  for  their 
lives,  saving  them  all  from  the  gallows  or  a 
long  imprisonioi^nt.  lie  was  fervid  in  imag- 
ination and  flowery  in  style.  "Many  of  his  no- 
blest productions  were  not  unlike  the  Corinthian  pil- 
lar, in  which  the  strength  of  the  column  is  lost  sight 
of  in  the  symmetry  of  its  proportions  and  the  beauty 
of  its  decorations." 


A  Desecrated  Hearthstone. 

"Alas!  that  hearthstone  was  desecrated;  the 
spoiler  had  been  there.  Where  joy  and  brightness 
had  reigned  luxuriantly,  were  sorrow    and    gloom. 


68 


LIFE  SKETCH  OF 


That  beautiful  fabric  of  domestic  love  and  tranquility 
was  overwhelmed  in  ruin,  and  the  ravens  of  despair 
were  croaking  and  gloating  over  the  dark  desolation. 
Gentlemen,  what  is  home  without  its  jewels,  what  is 
earth  without  its  flowers,  what  is  heaven  without  its 
stars?" — Extract  from  the  Sickles-Key  murder  trial, 
had  in  Washington,  D.  C,  in  allusion  to  Philip  Bar- 
ton Key's  despoiling  the  home  of  the  prisoner,  Dan- 
iel E.  Sickles. 

Who  is  on  the  Other  Side  Besides  the  Judge. 

"May  it  please  your  honor,  who  is  engaged  on 
the  other  side  of  this  case  besides  the  judge,"  said 
Brady  to  a  judge  who  was  continually  ruling  against 
hi)  i. 


Cared    More   for    Good    Opinion    of    Others    Than 

Greatness. 

"I  do  honor  greatness,  genius,  and  achievements; 
but  I  honor  more  those  qualities  in  a  man's  nature 
which  show  that  while  he  holds  a  proper  relation  to 
the  Deity,  he  has  also  a  just  estimate  of  his  fellow-men 
and  a  kindly  feeling  towards  them.  I  would  rather 
have  it  said  of  me  after  death,  by  my  brethren  of  the 
bar,  that  they  were  sorry  I  left  their  companionship, 
than  to  be  spoken  of  in  the  highest  strains  of  gifted 
panegyric." — At  a  meeting  of  the  Bar  in  New  York 
in  memory  of  Hon.  Daniel  S.  Dickinson. 


JAMES  TOPf/AM  BKADV. 


6ft 


Reply  to  a  Barkiug  Doy;. 

Once  while  in  one  of  his  oratorical  tlights,  lu  be- 
came violent  in  his  tone  and  gesture,  and  a  juroi-'s 
dog,  which  had  been  lying  under  his  niastei*'s  chair, 
suddenly  appeared  and  barked  at  the  orator  Am 
quick  as  a  flash  the  speaker  turned  on  the  brute  with: 

"I  am  Sir  Oracle, 
And  when  I  ope    my  mouth  let  no  dog  bark." 
It  was  a  happy  flight  of  fancy  and  won  the  case. 


As  a  Nation,  We  are  Distinguished  for  Three  Things. 

"We  are  a  nation  certainly  distinguished  for 
three  things;  for  newspapers,  politics,  and  tobacco." 
— Extract  from  the  defense  of  the  "Savannah  Priva- 
teers." 

When  the  Advocate  is  of  Use. 

"The  advocate  is  of  very  little  use  in  the  days  of 
prosperity  and  peace,  in  the  periods  of  repose,  in  pro- 
tecting your  property,  or  aiding  you  to  recover  your 
rights  of  a  civil  nature.  It  is  only  when  public  opin- 
ion, or  the  strong  power  of  government,  the  formid- 
able array  of  influence,  the  force  of  a  nation,  or  the 
fury  of  a  multitude,  is  directed  against  you,  that  the 
advocate  is  of  any  use." — In  defense  of  "Savannah 
Privateers." 


60 


LIFE  SKETCH  OF 


DAVID  JOSIAn  BREWER,  KANSAS. 

(1837 .) 

Succeeded  Mr.  Justice  Matthews  as  Associate 
Justice  of  the  United  States  Supreme  Court,  January 
6, 1890.     Born  in  Smyrna,  Asia  Minor,  June  20,  1837, 
while  his  father.  Rev.  Josiali  Brewer,  was  a  mission- 
ary there.    ITis  mother  was  a  sister  of  David  Dudley, 
Stephen  J.,  Cyrus  W.,  and  Henry  M.  Field.    He  gradu- 
ated from  Yale  in  1856  with  high  honors,  spent  one 
year  in  David  Dudley  Field's  office  in  New  York,  and 
graduated    from  the  Albany    Law    School  in  1858. 
Went  West  in  the  same  year,  residing  a  few  months 
in  Kansas  City,  Missouri,  then  started  up  the  Arkan- 
sas valley  for  Pike's  Peak  and  Denver.     In  1859  he 
returned  to  Leavenworth,  Kansas.     Was  appointed 
18G3,  United     States    Commissioner;    in  1862,  was 
elected    Judge    of      the     Probate     and    Criminal 
Courts  of     Leavenworth  county,  Kansas;     in  1864 
he  was  elected  Judge  of  the  District  Court  of  the 
First  Judicial  District  of  Kansas,  and  served  in  1868 
as  County  Attorney;  in  1870  was  elected  a  Justice 
of  the  Supreme  Court  of  Kansas,  being  re-elected  in 


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60 

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li'in  u   11 -'I  1  I'll  l.\    I'fin..     \\  .■.hiiik.'f..ii.  h.  r. 


DA  I' ID  JOSIAH  BRE  WER. 


61 


1876  and  1882;  iu  1884  was  appoiiitod  Judge  of  the 
Circuit  Court  of  the  United  States  for  the  Eij^hth  Cir- 
cuit, where  he  ruled  that  the  owner  of  a  brewery  must 
be  compensated  when  prohibited  from  manufactur 
ing  beer  (State  v.  WalrufF,  26  Fed.  Rep,,  178  ),  subse- 
quently reversed  by  the  United  States  Supreme  (A)urt, 
(Mugler  V.  Kansas,  123  U.  S.,  023).  Sustained  the 
Maxwell  Land  Grant,  the  largest  private  land  grant 
ever  sustained  in  this  country,  (U.  S.  v.  Maxwell,  etc., 
26  Fed.  Kep.,118).  Uis  opinions  (133-154  U.  S.),  220 
in  number,  including  45  dissents,  show  him  to  be  ot 
the  broadest  grasp  and  the  utmost  courage. 

Mr.  Brewer  has  received  the  degree  of  LL.D.  from 
Iowa,  Washburn  and  i'ale  colleges.  lie  is  a  profes- 
sor of  law  at  the  Columbia  Law  School,  Washington. 
His  perception  is  quick.  His  various  judicial  duties 
have  been  discharged  with  untiring  industry,  ac- 
knowledged ability  and  impartiality.  In  character, 
temperament,  learning  and  experience,  he  has  proved 
himself  a  worthy  member  of  his  distinguished  family. 


Arraignment  of  a  Non-Keading  Jury  System. 

"No  administration  of  justice  can  be  due  that  is 
not  prompt.  It  is  with  the  utmost  difficulty  that  pun- 
ishment is  secured  of  a  criminal  who  has  means  to 


62 


LIFE  SKETCH  OF 


rw 


carry  on  his  defense,  and  when  seenred  it  i&  only  at 
the  end  of  a  h)Dg  and  expensive  litigation.  Everv 
lynching  is  hut  a  protest  of  the  comninnity  against 
the  incai)a(Mty  of  the  coni'ts  to  pnnish  c.  iiniiials.  No 
longer  let  the  ]>recious  lionrs  and  days  of  tlie  courts 
be  consumed  in  hunting  through  the  stnM'ts  of  the 
rity  for  tweho  ukmi  too  ignorant  or  too  little  inter- 
ested in  public  e\-ents  to  have  read  in  the  pai)ers  the 
story  of  each  <lay's  doings."  Hciuai'ks  at  tho  ruiou 
I/eague<1ub  Hatupict,  ^'hicago,  Man'h,  1S94. 


{•(U 

<'i-t1 


BENJAMIN  HARRIS  BRE  1VS  TER 


68 


BENJAMIN    TIARKIS    BREWSTER,    PENN- 
SYLA^NNIA. 

(1816  -1888.) 

Perhaps  the  most  interesting  and  witty  nisi  prius 
lawyer  and  the  most  strikinj^  and  interesting  figure 
of  his  time.  Born  in  Salem,  New  Jersey,  October  13, 
1810.  Died  in  Philadelphia,  whither  he  had  removed 
with  his  father  when  one  year  of  age,  April  4,  1888, 
aged  seventy-ono.  Was  of  Puritan  ancestry,  preco- 
cious and  beautiful,  but  when  five  j-ears  old  his 
clothes  caught  fire  from  an  open  grate  and  his 
face  was  burned  and  disfigured  for  life.  This 
repelled  his  father  from  him,  and  for  long  pe- 
riods he  did  not  speak  <(•  his  son.  At  four- 
teen he  entered  Princeton,  and  graduated  at 
eighteen.  Studied  law  with  the  late  Eli  K.  Price,  of 
Philadeljdiia,  and  was  admitted  at  twenty-two.  At 
tw»  iity-seven  he  was  ]>romised  the  Attorney  (Jener- 
ilshv^  of  Pennsylvania,  but  the  deatii  of  rjovernor 
.Muhlenberg  robbed  him  of  that  honor,  which  wai^ 
confi^rred  upon  him  twenty-three  years  later  by  frov- 
ei-nor  deary,  in  which  position  he  ac(juired  a  high 


64 


LIFE  SKETCH  OF 


reputation.  At  thirty,  I'resident  Polk  com- 
missioned him  to  examine  into  the  Cherokee  claims 
against  the  Government.  After  the  Dangerfield 
slave  case,  in  which  he  appeared  for  the  slaveholder, 
he  was  surrounded  by  a  mob.  ^y rapping  the  Amer- 
ican flag  about  him  he  dared  anyone  to  fire.  Presi- 
dent Garfield  retained  him  as  special  counsel  to  pro- 
secute the  Star  Route  trials,  and  in  1881  President 
Arthur  appointed  him  Attorney  General  of  the 
United  States. 

He  had  a  prodigious  memory.  Aimir.al  Porter 
relates  that  he  recited  to  him  pagp  after  page  from 
CJicero.  His  oratorical  powers  were  wonderful,  his 
speeches  on  great  itccasions  l>eing  masterijieces — 
that  on  the  dedication  of  the  statue  of  Alexander 
Hamilton  in  New  York  city,  being  in  the  finest  taste. 
He  was  a  popular  stump  speaker,  and  in  great  de- 
mand during  elections.  In  arguing  a  case  he  pro- 
pounded unanswerable  questions.  Had  great  power 
over  juries,  and  made  malicious  prosecutions  a  spe- 
cialty. His  disfigurement,  and  dress  of  the  old  school 
gentleman  of  the  early  part  of  the  nineteenth  cen- 
tury, attracted  attention  everywhere. 


Jnr 

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f(»ro 

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pcop 


BENJAMIN  ir.lRRIS  BREWSTEK.  65 

Iluinau  Tliouj^lits. 

"Tho  hijilicst  works  of  human  skill  and  human 
thoujiht  outlivo  through  ajjos  tlie  rroaturos  that  pro- 
duced them."- — From  address  in  1S53,  at  Colle<j;e  of 
New  Jersey. 

Genius. 

"Genius — that  which  men  call  cjenius — the  daz- 
zlincr  results  of  irregular  and  bewildered  intellects — 
the  sensuous  thoup^hts  of  volu]>tuous  men — can  intox- 
icate and  dejrrade — can  enchant  and  enerA'ate;  but  it 
cannot  purify  and  exalt — it  cannot  {^ive  content  to 
life  or  confidence  to  death.  TTuman  nature  is  prone 
to  ennoble  those  who  are  inspired  with  the  danfjerous 
jjift  of  genius;  few  who  are  endow(Hl  Avith  't  are  fit 
to  use  it.  It  would  seem  almost  as  if  they  were  blem- 
ished with  defects  and  stained  with  vices  lest  man- 
kind should  worship  them." 

ITamilton, 

"Alexander  TTamilton  is  the  glory  of  this  nation. 
Jurists,  statesmen,  and  philosophers  of  all  nations 
will  honor  and  r(neren('(^  his  name.  TTe  will  be 
ranked  with  tlie  greatest  and  wisest  of  law-givers 
and  ]ihilosoph(M's.  Solon  and  Lycurgus  and  Aristotle 
could  have  sat  down  with  him  and  found  in  him  a 
kindred  spirit.  »  *  *  At  twenty-three  he  laid  be- 
fore James  Duane,  a  member  of  Congress  from  New 
Y^ork,  his  ])lan  for  organizing  the  government  of  this 
people  on  a  firm  and  stable  fouudniion.     He  had  at 


66 


LIFE  SKETCH  OF 


that  early  age  fatliomeil  tho  whole  subject,  and  with 
a  force  of  reason  tliat  was  his  j-iviit  gift  he  set  forth 
in  clear  and  well-delincd  words  tlie  public  wauls  of 
the  confederated  colonics.  It  was  the  lirst  draft  of  a 
great  Title  Deed  conveying  suiueiue  poi)ular  power 
to  a  government  created  by  tlie  people  for  the  public 
good.  1  do  not  use  an  exaggerated  expression  when  1 
say  that  it  was  an  astonisiiing  work  of  knowledge, 
wisdom,  and  genius.  It  is  an  unexampled  document. 
There  is  not  another  lilce  it  in  the  records  of  this 
workl's  history— and  by  a  youth  of  twenty-three 
years!  *  ♦  »  Washington,  Frankliu,  Hamilton 
— a  conjunction  of  human  greatness,  human  wisdom, 
and  human  genius  never  before  so  united." — From  an 
address  on  Hamilton  at  Central  I'ark,  New  York,  No- 
vember 22,  1880,  upon  the  erection  of  Hamilton's 
statue. 

Advised  With  His  Mother. 

"1  have  advised  where;  I  shoidd — in  the  quiet  of 
the  night  with  mv  own  heart  and  conscience — and 
with  tlie  only  and  best  friend  I  have,  my  mother;  and 
from  that  I  have  resolved  what  I  now  write." — To 
Simon  Cameron,  October  30, 1844,  concerning  the  At- 
torney Generalship  of  Pennsylvania. 

-•  -  Politics. 

"All  the  world  (»ver,  the  tra<Ie  of  a  ]i(di(i('ian  is 
the  occujiation  of  a  gamester;  it  is  the  business  of  a 
man  whose  time  is  spent  in  envy  and  strife.     *     »     » 


of 


BENJAAflN  HARRIS  BREWSTER. 


6T 


A  life  well  speiiL  in  llie  pursuiL  ul"  aliuu.st  luiy  calliuj^ 
will  yield  you  a  better  income,  will  j^ive  you  au  inde- 
pendence of  position  and  a  manly  (li;^nity  of  charac- 
ter that  no  oitice  can  secure  for  you.  ♦  *  »  The 
shores  of  political  life  in  every  country  an.'  strewn 
with  wrecks,  and  some  of  them  were  rich  argosies. 
The  highest  public  distinction  in  this  country  can 
have  no  attractions  for  right-minded  men  unless  they 
are  the  unsought  rcwtird  of  personal  worth,  dignity  of 
character,  mental  i-bility,  and  a  blameless  life— ob- 
tained in  any  other  way,  they  disgrace  those  who  hold 
them." — Said  by  him  when  thirty-nine,  after  six  years 
of  private  practice,  having  been  beaten  out  of  the 
United  States  Attorney  Generalship  by  George  M. 
Dallas'  influence  with  President  Polk: 
Life  of  Brewster,  p.  77. 


Savidge'9 


The  Study  of  Letters. 

"The  studv  of  letters  is  the  onlv  true  consolation 
in  adversity,  and  the  only  en  llishment  of  a  pros- 
perous and  hapi)y  life." 

Busts  of  Cicero,  Etc. 

Not  thirty  days  after  his  first  fee,  he  bought  busts 
of  Cicero  and  Demosthenes. — Life  p.  39. 


First  Four  Years'  Income. 

ITis  income  the  first  year  was  slightly  over  |500; 
the  second  about  !f!900;  the  third,  less  than  |900; 
the  fourth,  upwards  of  |1,500. — Life,  p.  41. 


6*; 


T.IFE  SKF.TCir  Of 


Church  and  Stnto. 
"No  politienl  or<;iuiiz;itinii  sh;ill  rcccivo  my  sup- 
port that  will  snl)ject  citizens  to  a  iM'li;:,ious  tfst;     I 
will  not  consent  to  do  anvtliinu  that  <-an  be  constiMU'd 


into  ncquiesrence  lu  opminns  polilic;!)  oiiinions 
that  would  invach'  the  rii^ht  of  pri\'ate  Judgment  nnd 
the  liberty  of  conscience;  and  l)"cause  T  am  a  Trotes- 
tant  I  hold  it  to  bo  my  duty  to  ^ive  my  testiiuouy  in 
favor  of  relij>ions  liberty  nnd  aj;ainsl  intolerjince.  hi 
my  judjiuient  it  is  the  riuhl  ''f  nil  men  .is  uumi  -to 
think  and  speak  ;is  tliey  pjeas"  upon  the  sii])ject  of 
their  relij^ion,  beinji'  responsil)le  to  ( lod  a!(Uie  for  their 
thouji'lits  or  wru'ds,  and  any  ;ilti mpt  to  deprive  tliem 
of  their  ci\il  i-i^Iits  becnnse  df  ihoso  opinions  would 
be  an  act  of  injustice  and  ;i  ^re;it  public  crime," 
SavidjLic's  F,ifeof  Firewstei-.  ]».  SI. 

l"\ime. 
"If  you  wish  to  know  wliat  pub'ic  fame  is,  remem- 
ber that  the  louii  line  of  Kom;in  consuls  nnd  (Jrecinn 
»nn^istrat<'S  is  now  forgot  ten,  while  Aesop,  the  shive, 
Socrates,  the  mechiinic,  ;ind  li<u-;ice,  the  son  of  ;i 
freedman,  ;ire  immoital." 

A  Lawyer's  Stjirt  ami  JCndini^'. 
"The  lawyer  starts  life  jjivin^'  -l^oOO  of  law  for  fo, 
and  ends  by  .nivinj;-  ^5  w(U'tli  for  SoOO."--  Brewstei-'s 
Life,  1).  MS. 

AVithin  the  Law. 
"Within  the  forms  of  Inw  we  are  safe;  beyond 
them  V  e  ;ire  in  niin." 


BFA'y/tM/A'  //AKKJS  /iA'/:liSTf:K. 


69 


oikI 


n<)w  lo  Act  Diiiin<;-  Eiirly  Days  at  tlic  Bar. 

"Force  iiolliiii^.  In  I  lie  whirl  and  hui'ry  of  a 
]ii'('iiiatni'o  practice,  yon  may  become  apt,  (piick, 
sliai'ii,  l»u(  iievei'  solid,  lenini'd,  self-reliaut."-  Idem, 
p.  4(1. 

Mis  ( "liiiiaclerislics. 

"lirewstci-  is  an  ener^dic,  Ixdd,  skilful  man  in 
arousing  the  iiiln'esls  and  jiassions  (d'  the  people, 
and  exceedingly  popular  aiiioiio'  them,  swaying  at  will 
their  feedings.  His  stormy  (dorpience  and  nj^liness 
please  the  masses.  lie  is  a  soit.  (»f  minor  American 
Mirabean.  Ih'cnlei'ed  life  under  the  most  a]»palling 
disadvantage's — deserted  by  his  father,  scathed  by 
lire,  with  an  a|)peai'ance  almost  frij^htful,  without  a 
sinj^le  friend  to  aid  him  in  his  almost  hoj)eless  career, 
and  a  mother  and  sister  dei)endent  u|)(»n  his  youthful 
exertions.  \\\  the  force  of  unaided  enerjiiea  he  has 
jL;()ne  steadily  u]»\vai'd  in  both  his  political  and  pro- 
fessional career." — From  letter  of  Wm.  Cook,  1845: 
Savid<;o's  Life,  p.  711. 

Emory  A.  Storrs'  Estimate  of  Brewster. 

Emory  A.  Storrs  pronounced  him  "the  greatest 
lawyer  in  the  country — greater  even  than  Wm.  M. 
Evarts."— Life  p.  TOO. 

The  Dangvrtield  Case. 

ITe  said  in  the  Dangerfield  slave  case,  in  which 
he  appeared  for  the  slaveholder,  that  he  would  shrink 


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LIFE  SKETCH  OF 


from  no  case  because  of  the  odium  that  might  attach 
to  it,  and  that  lie  wouhl  h'A-y  no  'Idackmail,'  This 
case  was  on  trial  two  days  and  all  one  night,  and  was 
decided  in  favor  of  tlie  slave.  A  mob  of  nojirops  sur- 
rounded Mr.  Brewster's  house,  and  dared  him  to  ap- 
pear. Mr.  Brewster  appeared  to  the  crowd  witli  the 
American  flag  thrown  about  him,  and,  with  one  of 
his  passionate  bursts  of  oratorv,  dared  any  one  to 
fire  at  him  for  upholding  tlie  laws  of  tlie  United 
States,  as  plainly  and  unmistakably  written  in  the 
Constitution. — Brewstei-'s  Life,  pp.  87-90. 

Cameron's  Opinion  of. 
"You  have  accf)mplished  morc^  than  any  man 
that  has  lived,  under  the  circunislances.  You  have 
abilit}',  education,  knowledge,  and  have  won,  under 
difficulties  such  as  no  other  man  has  ever  battled 
with  and  conquered,  a  professional  reputation  that 
is  equal  to  any  man  in  our  land,  so  full  of  wonderful 
successes." — Simon  Cameron:  Life  of  Brewster,  p.  98. 

His  Retort  to  a  Philadelphia  Lawyer. 

A  Philadeli»hia  lawyer,  in  an  address  to  the  jury, 
referred  to  Mr.  Brewster's  personal  disfigurement. 
Mr.  Brewster  replied:  "When  I  was  a  baby  I  was  a 
beautiful,  blue-eyed  child.  I  know  this,  because  my 
dear,  dead  mother  told  me  so;  but  a  careless  nurse  let 
me  fall  in<^o  the  fire,  and  when  I  was  picked  up  from 
the  burning  coals  ujy  face  was  as  black  as  the  heart 
of  the  scoundrel  who  has  ref(nied  to  my  disfige.re- 
ment  here," 


JAMES  0.  BKOADHEAD. 


71 


JAMES  O.  BROADIIEAD,  MISSOURI. 

(1819 ) 

A  distinguislied  mcnibor  of  the  St.  Louis  bar 
and  present  Minister  to  Switzerland,  Born  in  Albe- 
marle county,  Virginia,  Ma^'  29,  1819.  lie  is  the  son 
of  a  humble  farmer;  entered  the  University  of  Vir- 
fifinia  at  sixteen,  where  he  sui)ported  himself  by  teach- 
ing; emigrated  to  Missouri  at  eighteen,  where  he  has 
lived  for  half  a  century.  Tie  read  law  under  Edward 
Bates,  was  admitted  at  twenty-throe,  and  settled 
at  Bowling  Green.  lie  removed  to  St.  Louis 
in  1859;  served  in  the  Legislature;  one 
term  in  Congress  from  a  St.  Louis  district;  in  the 
State  Constitutional  Convention,  and  has  held  many 
responsible  positions,  civil  and  military,  in  all  of 
whica  he  acquitted  himself  ably  and  faithfully.  His 
practice  has  been  extensive,  his  learning,  ability  and 
rectitude  always  recogrized.  A  signal  victory  was 
his  in  Southern  Express  Co.  v.  Iron  INIonntain,  etc. 
Ry.,  (117  U.  S.,  ]),  the  issue  being  Avhether  a  railroad 
is  a  common  carrier  of  a  common  carrier.  Edmunds, 
of  Vermont,  Seward,  of  New  York,  and  Campbell,  of 


72 


LIFE  SKETCH  OF 


New  Oilctins,  woiv  for  tlio  cxpn^ss  companj'.  Colonel 
Bi-oadhead  closoil  for  the  railroad  in  a  masterly  two- 
day  si)eeeli,  wiiinin<;,  and  reversing?  the  I'nited  Stat«'s 
Circuit  Court.  His  efforts  in  the  Whisky  Prosecu- 
tions under  (Jrant,  beinp;  o])i)osed  by  Storrs,  of  lUi 
nois,  Porter,  of  New  Yoik,  and  Voorhees,  of  Indiana, 
were  maftnin<*ent.  Of  the  St.  Louis  (Jas  ease  (73  Mo., 
210),  John  W.  Henry,  e.v-Sui)renie  Judj^e  of  Missouri, 
says:  "His  aruunient  for  the  (Jas  coniikany  was  the 
ablest  I  ever  heard  in  the  Supreme  Court.  With 
very  few  exceptions  he  is  the  ablest,  best  equipped 
lawyer  I  have  c\er  seen,  rankinji;  with  such  competi- 
tors as  Samuel  T.  CiloA'ei-,  Willard  P.  Hall,  and  Brit- 
ton  A.  Hill,  in  every  respect  their  equal,  and  in  many 
qualities  decidedly  their  su])erior.  He  takes  a  broad, 
comprehensive  view  of  the  question  involved,  and  his 
statement  is  an  arj^ument,  clear,  concise,  direct  and 
of  the  purest  Anglo-Saxon  Avords."  He  is  social, 
plain,  unassumiufj",  kind,  liberal — the  very  incarna- 
tion of  truth  and  honor.  "To  know  him  well  is  to 
love  him  much." 


JOSEPH  EMERSON  BROWN, 


73 


JOSEPH  EMERSON  BROWN,  GEORGIA. 

(182M894.) 

Twice  Supreme  Jiul^^e  «»f  (leorgia,  and  two  years 
its  Chief  Justice.  Born  in  Pickens  District,  South 
Carolina,  April  15,  1S21.  Died  November  30,  1894, 
ajied  seventy-three.  He  worked  on  his  father's 
farm  till  ninetcvn,  when  he  started  out  for  himself 
with  nothing  but  a  suit  of  clothes  and  a  pair  of  oxen, 
walking  most  of  the  way  to  Calhoun  Academy,  South 
Carolina,  where  he  received  his  education,  going  into 
debt  therefor.  Returning  to  Canton,  Georgia, 
he  taught  a  year,  and  was  admitted  to 
the  bar,  1845;  graduating  a  year  later 
from  the  Law  Department  of  Yale.  He  settled  in  the 
practice  at  Canton,  applied  himself  with  assiduity 
and  was  awarded  with  success,  gaining  a  large  prac- 
tice and  a  wide  reputation.  He  was  elected  to  the 
State  Senate  in  1849;  was  the  youngest  man  of  the 
State  Electoral  College  in  1852;  Judge  of  the  Su- 
preme Court  of  Georgia,  1855-7;  Governor  of  the 
State,  1857-65,  deioating  Benj.  H,  Hill  in  his  first  can- 
vass;   suffered  his  only  defeat  in  his  candidacy  for 


74  LIFE  SKETCH  OF 

the  United  States  Senate,  18G8;  was  appointed  Chief 
Justice  of  the  Supreme  Court  (1868-70),  av  hich  lie  re- 
signed to  take  the  presidency  of  the  Western  Atlantic 
Railroad  company;  served  in  the  United  States  Sen- 
ate, 1880-91. 

The  Southern  portion  of  the  Union  has  furnished 
few  men  who  can  be  placed  above  Mr.  Brown,  of  At- 
lanta. Beginning  Avithout  moans  or  influence,  a 
country  boy,  he  was  successful  in  every  position, 
public  or  private:  successively  statesman,  jurist,  law- 
yer, railroader,  financier,  manufacturer,  minor,  busi- 
ness man,  real  estate  investor,  farmer,  philanthro- 
pist— having  given  -f  150,000  to  churches,  schools  and 
charities.  As  Governor  he  was  the  most  conspicuous 
Southern  war  executive,  opposing  the  Davis  policy 
of  conscription,  and  urging  the  acceptance  of  recon- 
struction measures.  As  Senator  he  was  a  friend  of 
the  poor  and  oppressed,  his  speech  in  1880,  in  favor 
of  pensioning  Mexican  soldiers,  being  one  of  the  most 
memorable  ever  delivered  in  that  body.  A  model 
Christian  gentleman,  he  has  lived  a  life  full  of  honor 
and  usefulness. 


JOSEPH  EMERSON  BROWN. 

Slavery  and  Secession  Settled  by  War. 


76 


"I  believed  tlien,  and  I  believe  now,  that  the  right 
of  secession  was  inherent  in  the  several  States,  but 
when  Ave  staked  it  upon  ilie  issue  as  joined,  we  Avere 
bound  honorably  and  in  good  faitli  to  abide  the  judg- 
ment of  that  highest  of  human  tribunals,  the  vJtimn 
ratio  rcfjurn  (the  last  argument  of  kings).  The  re- 
suH  of  that  litigation  in  that  high  court  of  last  resort 
was  Mie  arbitrament  of  the  sword  that  slavery  was 
aboli^.ed,  perpetually,  forever  abolished,  and  must 
always  remain  abolished,  and  that  ours  is  an  inde- 
structible union  of  indestructible  States.  And  while 
I  would  have  given  my  life  then  to  maintain  our  in- 
stitution of  slavery,  believing  it  was  for  the  best  in- 
terests of  botli  races,  morally,  politically,  socially  and 
religiously,  yet,  if  by  turning  my  hand  over  to-day  I 
could  reinstate  it,  I  would  not  do  so.  I  accept  the 
result,  feel  bound  by  the  judgment,  and  shall  never 
move  for  a  new  trial.  And  I  say  the  same  to  the 
question  of  secession;  I  consid«'r  it  forever  settled." 
— From  siteech  as  to  pensioning  Mexican  soldiers  in 
n.  S.  Senate,  June  12,  18S0. 


Revolution  and  Rebellion. 

*'ir  we  hiul  succeeded  we  \v«>uUl  have  been  patri- 
ots and  heroes,  but  having  failed  we  were  rebels;  con* 
S"qu('jitly  we  must  accept  the  term,  'The  War  of  the 
KebcUiou.' " — Idem. 


76 


LIFE  SKETCH  OF 


The  South  Were  in  Union    Durin"-  War  and  Out 

Afterwards. 

"During  the  war  you  said  we  had  no  rigiit  to  g«) 
out  of  the  Union;  that  we  never  were  out;  tliat  our 
ordinances  of  secession  were  nullities;  that  we  were 
all  the  time  in  the  Union.  Well,  we  surrendered 
after  we  had  made  as  gallant  a  tight  as  we  could,  and 
we  came  back,  with  our  representatives,  ready  to  ac- 
quiesce in  your  theory,  and  in  good  faith  resume  our 
place  in  the  Union,  and  you  refused  to  admit  us.  You 
said  we  were  in  while  we  Avere  fighting  you,  but  we 
found  we  were  out  when  we  laid  down  our  arms." — 
Idem. 

Tribute  to  Brown. 

"In  perfect  self-poise,  in  knowledge  of  men,  in 
comprehension  of  the  people,  in  inluitive  perception 
of  public  opinion,  in  adaptation  of  means  to  ends,  in 
many  varieties  of  successful  achievemerts,  Joseph  E. 
Brown  has  seldom  had  an  equal." — Walter  B.  Hill,  of 
the  Macon  (Ga.)  bar. 


3nt 


mil' 
ere 
red 
ind 

ae- 
our 
^ou 

we 


,  111 
:ion 
I,  in 
lE. 
l,of 


I 


HKNRV    hll.l.lN<K>^    HkOWN, 

A-i.-j-i-ijie   Ju-;ii-e      ;    ■ :  •■    ■■,■■■;    J' ;;•'.•.'.  Sui-ft'-rtie  ^' .'ir' 

Krorii  II  I'lLitoiiiiiplL  Ij.v  llill,  WiisliiMKl"n,  1>.  I'. 


I 


?.  '/  -"vcc  SF.::: 


77 


(ls:>.; 


N. 


rrc,«!i(lfnt    IIa»'fisnM    -  ■•tlioi;  ^^     '"  ■       , 

fiuli'T  was  H  innmiCaihuHT  Mii'l  hi>4  nitinu'r  a  s\<ni'nn 
'>r  oxve})Ti<ij)»l  .itrcMiitli  of  eluirju'tor,  Griidnatt'd  ni 
Vale  ill  !  .  itli  < 'b.'niuo'n  M.  l)('p<'>./ nnti  ''lj\  .hi  • 
i\cv  l{r«'\ver;<h'V(»fr'U  u  vt-ar  to  travf'Taiu!  study  in  Ku- 
i'<>p<>;  look  H  law  f oiirsf'  in  flio  Yale  Law  t^t'hool,  but 
rerpivf'd  lili*  (lejj:rp<vfroni  Harvard;  locatfi)  in  Dftmil, 
Mirhigan,  T80O:  was  appoinU'd  Dt'puh  Uni?«.^l  8tatP8 
:>la"Hlia!;  n»>pnty  IHs»i(i.'i  Mtr.rmM'.  in  tSfi  11 8(»8; 
.ippoinii'd  hy  <io\»>riior  < 'rapo.  Jndgo  (»f  tlu» 
Wayne  ("^HiiHynienit  Oiiri;  forniod  a  law  part ner^ 
ship  wiih  J.  S.  iS'owborry  and  AhIiU'V  Pond  ;  appoinu*d 
)'\  Pvt.'8)d»'ht  tirant,  IS7r»,  Tniffd  Htah^  l)isl:rit't  (Hr- 
niit  .rud;;!',  whii'li  position  he  held  nntii  i'lovat»»d  to 
tlir  SuprenH'  Hmich.  llis  praoilro  was  almosi  <'v<dn 
Mjvi'iy  in  Mil-  I ditpd  Hiuies  (!irt'vnt!f«,  and  hi.<  ki 
vi]'if*  of  admiraKA'  and  crimitial  law  matlo  hi^n  fini 


MI.NKM     KM  I.IN(J5    Kk(mN, 


HENRY  BlLLtNGS  BROWN. 


77 


HENRY  BILLINGS  BROWN,  MICHIGAN. 

(1836 .) 

Associato  Jnstico  of  the  United  States  Supreme 
(*ourt  since  December  29,  1890,  by  appoiu!ment  of 
President  Harrison,  succeedinp  Mr.  Ji.,tioe  Miller. 
Born  in   L«'e,  Massnchnsetis,  March  21,  1839.     His 
fatliei  was  a  manufacturer  and  Ids  mother  a  woman 
of  exceptional  sfi*en<?th  of  diaracter.    Giaduated  at 
Yale  in  1856,  with  f'hanncej  M.  Depew  and  Mr.  Jus- 
tice Brewer;  devoted  a  year  to  travel  and  study  in  Eu- 
rope; took  a  law  course  in  the  Yale  Law  School,  but 
received  his  degree  from  Harvard;  located  in  Detroit, 
Michigan,  1859;  was  appointed  Deputy  United  States 
Marshal;  Deputy  District  Attorney,  in  1861-1868; 
appointed     by     Governor     (Vapo,     Judge     of     the 
Wayne  Gounty  Circuit  Court;  formed  a  law  partner- 
ship with  J.  S.  Newberry  and  Ashley  Pond;  appointed 
by  President  (Jrant,  1875,  United  States  District  Or- 
cuit  Judge,  Avhich  position  he  held  until  elevated  to 
the  Supreme  Bench.    His  practice  was  almost  exclu- 
sively in  the  United  States  Circuits,  and  his  knowl- 
edge i>f  admiralty  and  criminal  law  made  him  emi- 


78 


LIFE  SKETCH  OF 


ueut  iu  tliose  brauohes.  lie  lias  tried  more  admiralty 
cases  tlian  any  judge  on  the  bench,  and  is  a  recognized 
authority  in  this  particular  field,  and  compiled  a  vol- 
ume of  admiralty  reports  iu  1875.  In  1889  he  delivered 
before  the  twelfth  annual  meeting  of  the  American 
Bar  association  at  Chicago  an  address  upon  "Judicial 
Independence,"  in  which  he  reviewed,  in  a  masterly 
manner,  the  history  of  the  judiciary  from  its  early 
days  to  the  present,  taking  high  ground,  and  contend- 
ing for  a  tenure  of  office  which  would  remove  judges 
from  temptation  and  from  suspicion;  and  at  the  six- 
teenth annual  session  of  the  American  Bar  Associa- 
tion at  Milwaukee,  an  address  upon  "The  Distribu- 
tion of  Property,"  which  showed  great  research  and 
decided  opinions  upon  the  labor  question. 

His  decisions  (138-154,  U.  S.)  170  in  number,  in- 
cluding thirty-seven  dissents  (among  which  is  the  Ill- 
inois Central  Kailroad  v.  Illinois,  140  U.  S.  387,  Jus- 
tices Shiras  and  Gray  concurring),  are  expressed  in 
clear,  emphatic,  and,  at  times,  picturesque  language. 
He  is  a  fine  classical  scholar,  a  close  student,  and  an 
easy  speaker. 


HENRY  BILLINGS  BROWN. 


79 


alty 

Lzed 

vol- 

3i'ed 

icaii 

icial 

terly 

?arly 

tend- 

idges 

2  six- 

50cia- 

Lribu- 

1  and 

^r,  in- 
tie  m- 
',  Jus- 
sed  in 


Municipal  Ownersliip  of  Franchises. 

**1  have  never  been  able  to  perceive  why,  if  the 
government  may  be  safely  entrusted  to  carry  our  let- 
ters and  papers,  it  may  not  with  equal  propriety  carry 
our  telegrams  and  parcels,  as  it  has  done  in  England 
and  other  foreign  countries  for  several  years;  or  why, 
if  our  municipalities  may  supply  us  with  water,  they 
may  not  also  supply  us  with  gas,  electricity,  tele- 
phones and  street  cars.  They  are  all  based  upon  the 
same  principle  of  a  public  ownership  of  the  streets 
and  highways,  and  ft  power  to  grant  franchises  to 
third  persons,  which  the  municipality,  if  it  chooses, 
may  reserve  to  itself." — From  an  address,  "Distribu- 
tion of  Property,"  delivered  at  Mihvaukee,  Aug.  31, 
1893,  before  American  Bar  Association. 


Tuage. 
ind  an 


80 


LIFE  SKETCH  OF 


BENJAMIN  FRANKLIN  BUTLER,  MASSACHU- 
SETTS. 

(1818-1893.) 

Lawyer,  soldier,  millionaire,  politician,  orator. 
Born  at  Deerfield,  New  Hampshire,  November  5, 1818; 
died  at  Washington,  D.  T,,  January  10,  1893,  aged 
serenty-fonr.  Graduated  from  Waterville  College, 
Maine,  at  twenty;  admitted  at  twenty-two,  at  Low- 
ell; member  of  the  Legislature  and  Congress;  Gov- 
ernor of  Massachusetts  in  1882;  was  three  years  in  the 
war  for  the  Union,  becoming  5Iajor  General;  was  re- 
fused degree  of  L.L.  P.  by  Harvard. 

His  first  important  case  in  the  United  States  Su 
preme  Court  was  in  1857  (U.  S.  v.  Sutter,  21  How., 
170);  appeared  for  the  Ignited  States  in  1800  in  ex 
parte  Milligan  (4  Wall.  2);  received  a  175,000  fee  in 
prize  act  cases  in  United  States  Supreme  Court  at 
close  of  war;  was  leading  counsel  for  the  prosecution 
in  the  Johnson  impeachment;  appeared  in  the  Legal 
Tender  cases  (12  Wall.,  457).  I  lis  practice  before  tlie 
war  was  the  most  lucrative  of  any  lawyer  in  New 
England— at  least  |!25,000  a  year,  and  the  last  few 


BENfAMIfr  FRAtftCLIN  BUTLER.  %\ 

years  amounted  to  $50,000  annually.  Died  worth 
17,000,000.  He  never  took  notes,  said  if  the  jury  could 
carry  the  facts  he  could;  held  a  point  of  law  was  as 
much  the  property  of  his  client  as  a  point  of  fact;  be- 
lieved in  hard  study  and  careful  thought;  that  any 
man  who  thoroughly  applied  his  common  sense  ought 
to  know  the  common  law,  as  it  is  the  perfection  of 
common  sense;  that  a  lawyer  must  study  aluost  every 
kind  of  business  and  many  of  the  sciences.  He  there- 
fore spent  a  week  in  a  repair  shop,  coat  off, 
hammer  in  hand,  testing  the  resisting  power 
of  iron  to  intelligently  try  a  railroad  accident  case. 
Studied  all  books  on  scurvy  to  prosecute  a  sea  cap- 
tain, defended  by  Choate,  and  recovered  a  verdict  for 
$3,000  for  negligence  in  not  taking  sufficient  vegeta- 
bles, etc.,  for  the  voyage. 

He  was  pron  pt  in  retort  and  a  master  cross-ex- 
aminer. His  chief  trait  was  sharpness.  Said  Judge 
Abbott:  "He  excelled  all  lawyers  in  keeping  ( ut 
and  getting  in  evidence."  A  man  of  great  intellect- 
ual force,  his  brain  weighed  sixty-two  ounces.  He 
was  vigorous,  aggressive,  pugnacious,  picturesque. 


82 


LIFE  SKE  TCH  OF 


The  Farming  Population. 

"The  wealth,  the  prosperity,  the  steadfastness, 
the  hope  of  religion,  of  liberty,  and  of  freedom  of  the 
world,  rests  upon  the  producing  and  on  the  country 
population  of  this  Commonwealth  (Mass.)  and  on  that 
of  the  United  States." — From  an  Address  at  Middle- 
town. 

Answer  to  Judge  Hoar. 

Judge  Rockwell  Hoar,  in  opposing  Butler  for 
Congress,  said  he  had  "no  personal  hostility  to  Gi?n- 
eral  Butler,  but  could  not  but  regard  him  as  an  ob- 
jection ible  candidate."  Butler,  in  reply,  said: 
'TTour  affection,  however,  is  like  yourself,  peculiar. 
Something  like  that  of  the  lady  in  Tennyson's  poem 
for  the  Prince: 

"I  hated  him  with  the  hate  of  hell! 
But  I  loved  his  beauty  passing  well." 

He  admitted  the  judge  had  been  a  good  judge 
between  part}'  and  partj',  but  accused  him  of  some- 
times "mistaking  dyspepsia  for  a  conscience." 

Never  Refused  Assistance  Where  He  Could  Win. 

'*I  have  made  it  a  rule  of  my  life  never  to  refuse 
to  assist  ir  trying  cases,  however  desperate,  if  I  be- 
lieved ther?  was  any  chance  to  Avin." — Butler's  Book. 

Refur^d  the  Yice-Presidency  in  1864. 

He  was  offered  the  Vice-Presidency  with  Lincoln 
in   1864,  but  dodiucd,   unless  tiic  T'rosident  would 


BENJAMIN'  FRANKLIN  BUTLER 


88 


agree  to  die  within  three  months  after  his  inangnra- 
tion.  ITe  did  die  in  less  than  a  month  and  a  half. 
Tims  Butler  missed  the  opportunity  of  being  Presi- 
dent of  the  United  States.  When  he  declined,  the 
position  was  offered  to  Andrew  Johnson,  at  Lincoln's 
reqnest. 

Tarhox  and  Pill-Box. 
Butler  alluded  to  the  campaign  of  1870  between 
Dr.  Aver,  the  famous  pill  manufacturer,  and  John 
K.  Tarbox,  Bepublican  and  D(Mnocratic  Congressional 
nominees,  i'os]te<'tively,  ns  "one  brtwren  Tarbox  and 
Pill-box." 

Diligence,  Stuo^>  and  Thought  Necessary  to  Success. 
"I  do  not  believe  in  genius  carrying  a  nui.  along 
in  the  practice  of  the  law,  and  T  want  here  to  record, 
for  the  benefit  of  the  young  men  who  come  after  me 
in  the  profession,  that  diligence,  hard  shuly  and  care- 
ful thought  are  the  only  roads  to  success  in  any 
branch  of  the  law,  except  that,  possibly,  a  turn  for  ora- 
tory may  helj)  tlie  advocate.  But  the  ukm'o  advocate, 
however  brilliant,  will  lose  the  most  cases,  although 
he  may  win  t!:e  most  verdicts."     T?utler's  Book,  p.  900. 

"Lord,  What  Wilt  Thou  Have  Me  to  Do?" 
Butler,  who  had  borne  the  decisions  in  favor  of 
one  ^[r.  Lord,  of  Salem,  in  the  Massachusetts  Legis- 
lature, finally  said  to  the  Speaker,  "I  sup])ose  you  feel 
as  did  Saul  in  his  trance  on  the  road  to  Damascus, 
'Lord,  what  wilt  Thou  have  me  to  do?'" 


84 


LIFE  SKE  TCH  OF 


Analysis  of  His  Character  as  a  Law^'or. 

"Oppositiou  ouly  streugthoiied  Lim,  though  often 
in  a  wrong  direction.  Qualities  such  as  his  were 
bound  sooner  or  later  to  lead  their  possessor  to  suc- 
cess at  the  bar.  Was  he,  then,  a  great  lawyer?  The 
bar  generally  would  scarcely  admit  this,  lie  was 
not  a  great  lawyer  in  the  sense  in  which  Curtis  was 
a  great  lawyer;  nor  a  great  advocate,  like  Choate;  nor 
a  skilful  conductor  of  a  cause,  like  Durant.  And 
yet,  even  before  the  war,  he  had  encountered  and 
overthrown  the  veteran  Choate  and  the  redoubtable 
Farley,  and  many  more  of  a  race  of  giants,  llis 
quickness,  his  marvelous  memory,  which  carried  with- 
out the  aid  of  pen  or  pencil  the  details  of  the  most 
elaborate  ,and  complicated  causes,  his  audacity, 
often  imprudence,  his  readiness,  and,  when  angered, 
his  contempt  for  scruple,  made  of  him  a  formidable 
adversary.  To  achieve  a  personal  triumph  over  wit- 
ness or  counsel,  and  sometimes  over  court,  he  would 
sacrifice  his  chance  for  a  verdict.  Thus  he  said  of  a 
Rhode  Island  United  States  District  Judge,  that  he 
was  *an  inferior  judge,  of  an  inferior  court,  of  an  in- 
ferior State.'  The  fact  is  that  his  judgment  was, 
and  continued  to  be,  bad.  If  a  case  arose  which  called 
for,  and  would  stand  the  fullest  investigation,  he  was 
the  man  for  it — for  concealment  and  equivocation 
were  scarcely  possible  to  a  witness  under  the  opera- 
tion of  his  methods.  But  to  touch  delicately  on  cer- 
tain matters,  to  maintain  a  wise  silence  on  others, 


BENJAMIN  FRANKLIN  BUTLER. 


86 


were,  in  general,  not  contemplated  by  him,  and  when 
contemplated,  came  to  'laiight  if  a  taunt  from  his  ad- 
versary provoked  him.  lie  was,  however,  full  of  re- 
sources. His  intellect  saw  the  object  and  the  path  to 
it  with  Tv»arvelous  distinctness.  His  nature  was  an 
untiring  and  unresting  one.  A  trial  with  him  was  a 
battle  in  which  eveiy  energy  was  put  forth,  every 
nerve  was  strained.  Politeness,  even  humanity,  were 
entirely  beside  the  question" — F.  W.  Griffin,  "An- 
alysis v^f  General  Butler's  Character  as  a  Lawyer." 

Butler's  Bible  Knowledge. 

"I  regret  to  say  that  my  knowledge  of  the  Scrip- 
tures is  largely  confined  to  the  fact  that  under  the 
tutelage  of  my  Christian  mother  I  read  the  Scriptures 
through  very  carefully,  and  was  examined  upon  my 
reading  by  her.  I  also  committed  the  four  gospels 
to  memory;  having  fortunately  a  retentive  one,  and 
was  able  to  recite  them  when  called  upon,  even  to 
the  first  eighteen  verses  in  our  version  of  the  Gospel 
of  St.  Matthew,  which  is  very  trying,  as  everybody 
seemed  to  beget  everybody  else.  I  send  you,  which 
you  do  not  seem  to  have  seen,  a  copy  of  'Butler's  Book' 
which  I  have  written,  which  I  beg  you  to  accept  with 
my  compliments. 

"Very  truly,  your  friend  and  servant, 

"BEN J.  F.  BUTLER" 

A  letter  dated  October  1st,  1892,  to  Father  Moore, 
of  Holy  Cross,  Kan. 


S6 


LIFE  SKETCH  OF 


Groan  by  Opposing  Counsel — Butler  Wanted  Court 

to  Adjourn. 

An  oi)i)osln<;  counsel  to  Butler,  when  a  witness 
gave  some  damaging  evidence,  gave  a  groan,  doubt- 
less intended  for  effect  on  the  jury.  In  an  instant  up 
sprang  Ben,  with  "Stop!  stop!!  stop!!!"  "What  is  the 
matter,  Mr.  Butler?"asked  the  judge,  taken  by  sur- 
prise at  the  interruption.  "May  it  please  your 
honor,"  replied  the  imperturbable  advocate  in  the 
blandest  of  accents,  "my  brother  L is  taken  sud- 
denly ill.  Did  you  not  hear  him  groan  just  now? 
The  court  might  like  to  take  a  short  recess,!  thought." 
"Proceed  with  the  examination  of  the  witness.  Let 
there  be  no  more  interruption,"  said  the  judge.  But 
the  effect  of  the  groan  was  neutralized. 

Butler's  Tact  in  Anticijiating  Clioate. 

Being  opposed  to  Kufus  Choate  in  an  important 
case,  Butler  forestalled  his  eloquent  opponent  by  say- 
ing to  the  jury:  "Choate  is  retained  in  every  great 
case  to  lend  to  it  the  power  of  his  rare  abilities  to 
obtain  a  verdict.  Such,  gentlemen  of  the  jury,  is  the 
charm  of  his  eloquence,  that  he  has  only  to  wave  over 
you  his  magic  wand  and  you  are  so  completely  mes- 
merized by  his  will  that  you  will  say  black  is  white, 
and  white,  black,  if  he  only  says  it  is  so.  You  are 
wholly  under  the  bewitching  influence  of  his  elo- 
uence,  and  are  led  by  it  whithersoever  he  chooses  to 
lead  you.     You  start,  gentlemen — you  brace  yourself 


BENJAMIN  FRANKLIN  BUTLER. 


87 


back  AV'ith  a  determined  air,  as  if  to  say,  however  it 
may  be  with  others,  you  are  proof  agaiust  his  blan- 
dishments. Ah!  gentlemen,  little  do  you  know  the 
spell  that  will  soon  be  upon  you.  I  have  myself  seen 
it  in  so  many  instances  tliat  I  speak  with  confidence 
and  certainty  on  tins  point." 

Choate's  sj)eech  being  anticipated,  he  made  a 
very  ordinary  speech,  claimed  he  was  an  ordinary, 
plain  spoken  man,  and  ^^hus  made  a  very  tame  speech. 
Butler's  tact  succeeded  in  a  disagreement — equiva- 
lent to  a  verdict  for  Butler's  client. 

Don't  Tell  the  Court  What  You  Don't  Know. 

He  was  always  audacious.  For  instani  e,  a  case 
being  called  in  which  publication  had  to  be  made 
to  get  service,  the  j'oung  lawyer  said,  "Let  notice  be 
given."  "In  what  paper?"  was  the  inquiry  of  the 
gray-haired  clerk  of  the  court,  a  staunch  Whig.  "In 
the  Lowell  Advertiser,"  said  young  Butler,  who  Avas 
a  Democrat,  naming  a  Jackson  paper.  "I  don't 
know  such  a  paper,"  said  the  clerk,  disdainfully. 
"Don't  interrupt  the  court  proceedings,  Mr.  Clerk," 
said  the  lawyer,  "for  if  you  begin  to  tell  us  Avhat  you 
don't  know  there  Avill  be  no  time  for  anything  else." 


1,000  to  Argue  Case  in  U.  S.  Supreme  Court- 
fused  to  Draw  Contract. 


-Re- 


He  was  employed  by  Xoav  York  city  clients  to  ar- 
gue an  important  case  of  infringement,  was  paid 
$1,000  to  go  to  Washington  and  argue  the  case  in  the 


88 


LIFE  SKETCH  OF 


Supreme  Court.  On  the  way  over  there  the  litigants 
got  together,  agreed  upon  a  sum  to  be  paid,  and 
when  it  should  be  paid,  etc.  Butler's  client  requested 
him  to  draw  the  contract  of  settlement,  but  Butler 
refused,  saving  he  was  not  paid  to  come  to  Washing- 
ton to  do  the  work  of  a  scrivener,  and  no  inducement 
could  persuade  him  to  draw  the  papers,  and  his  client 
was  obliged  to  get  a  local  Washington  lawyer  to  do 
it. 

ITarvard  Professor. 

ITe  was  cross-questioning  a  witness  in  a  some- 
what sharp  manner  and  the  judge  interrupted,  re- 
minding the  lawyer  that  the  witness  was  a  Harvard 
professor.  "I  know  it,  your  honor,"  he  replied,  "we 
hanged  one  of  them  the  other  day." 

Offsetting  Damages  of  Cow  by  Legal  Advice. 

"Mr.  Butler,"  said  a  supposed  client,  "one  of  my 
neighbor's  cows  jumped  my  garden  gate  last  night, 
and  completely  destroyed  my  flower  beds.  The  gate 
was  of  the  height  required  by  law,  and  was  closed. 
Now  I  wish  to  know  whether  I  can  obtain  damages?" 

"Most  assuredly,"  replied  the  widow's  friend. 

"Well,  Mr.  Butler,  how  much?" 

"O,  about  ten  dollars." 

"But,  Mr.  Butler,"  triumphantly,  "the  cow  was 
yours." 

"Ah!"  said  Mr.  Butler,  thoughtfully;  and  he 
looked  unutterable  things  out  of  his  bad  eye.    Then 


BENJAMIN  FRANKLIN  BUTLER.  89 

he  turned  to  his  desk,  scratched  off  a  few  lines  on  a 
piece  of  paper  and  handed  it  to  his  visitor.  It  was 
in  the  form  of  an  account,  and  read  as  follows: 

"B.  F.  Butler  to    Mrs. Dr.:    To    damages 

caused  by  cow,  f  10.00.  Cr.,  by  legal  advice,  $15.00. 
Balance  due  me,  i|5.00." 

"Mrs. ,"  said  Mr.  Butler,  softly,  "you  needn't 

hurry  about  the  payment." 

Lyman  Trumbull's  Estimate  Of. 

"Butler  was  a  man  of  versatile  talents,  great  re- 
sources and  executive  ability.  He  was  egotistical 
had  a  high  opinion  of  himself,  and  was  not  always 
scrupulous  in  the  means  employed  to  accomplish  his 
ends;  but  he  possessed  gi-eat  ability  and  rendered  his 
country  valuable  services,  both  in  a  military  and  civil 
capacity.  He  possessed  many  good  qualities,  and  it 
is  to  be  regretted  that  his  ambition  to  succeed  in 
whatever  he  undertook  should  ever  have  led  him  to 
resort  to  questionable  actions.  This  is  briefly  the 
opinion  I  formed  of  the  General  during  my  long  ac- 
quaintance with  him." — Lyman  Trumbull,  upon  But- 
ler's death. 

Advises  President  Johnson  in  Jefferson  Davis' 

Treason. 

Upon  the  advice  of  Senator  Benjamin  F.  Wade, 
of  Ohio,  Butler  was  called  in  as  counsel  and  advised 
President  Johnson  in  the  treason  case  of  Jefferson 
Davis.— Butler's  Book,  pp.  916-918. 


90  LIFE  SKETCH  OF 

Cleared  Peter  Moore  on  Flaw  iu  Indictment. 

In  State  of  Massachusetts  v.  Peter  Moore,  in- 
dicted for  adultery  with  one  Mary  Stuart,  Butler 
made  the  objection  that  the  indictment  did  not  state 
that  Mary  Stuart  was  not  the  wife  of  the  defendant. 
The  court  overruled  the  objection  and  said  that  the 
point  was  a  "sharp"  one.  But  Butler  took  the  case 
up  on  a  writ  of  error  and  the  Supreme  Court  decided 
in  his  favor. — Idem. 


Cleared  Prisoner  for  Larceny. 

In  another  case  a  prisoner  was  indicted  for  lar- 
ceny, there  being  four  counts  in  the  indictment,  un- 
der which  the  full  penalty  was  sixty  years.  Butler 
agreed  that  his  client  should  plead  guilty  on  the  one 
that  charged  the  theft  of  the  greatest  amount,  and 
the  other  three  should  be  quashed.  After  his  client 
had  pleaded  guilty  the  three  other  counts  were  noUied 
and  the  prosecutor  moved  for  sentence  on  the  fourth. 
Butler  pointed  out  that  the  indictment  did  not  allege 
any  place  where  the  crime  was  committed,  and  that 
the  court  had  no  jurisdi(  tion.  Ten  minutes  from  that 
time  the  prisoner  was  walking  out  of  court  a  free 
man. — Idem.  998. 

$75,000  Fee. 

In  the  Prize  Act  cases,  involving  over  $1,000,000, 
which  he  won,  the  court  awarded  him  |75,000  as  a 
fee.— Butler's  Book,  pp.  1010-12. 


BENJAMIN  FRANLIN  BUTLER. 


01 


II(»w  to  Hot  Uicli. 

"Nothing'  is  so  safe  for  an  investmont  as  iiu- 
[ti'oved  real  estate.  Notliinj^-  is  likely  to  grow  in  value 
faster.  In  the  last  tifty  years  ninety  per  cent  of  all  the 
merchants  and  traders  in  Boston  have  failed.  In 
the  last  lifty  years  ninety  per  cent  of  all  the  business 
corporations  have  failed  or  gone  out  of  business,  so 
that  their  stock  has  been  wiped  out.  In  the  last  fifty 
years  all  the  improved  real  estate,  on  the  average,  has 
paid  its  interest  and  taxes  and  quadrupled  in  value. 
If  a  young  man's  father  can  give  him  anything  to 
start  him  in  the  world  he  bad  better  invest  in  that 
way,  and  let  it  accumiilJite,  and  earn  his  living,  and 
he  will  be  richer  than  if  he  had  gone  into  business." 
—From  letter  to  Boston  Herald,  Aug.  26th,  1887: 
"How  to  Get  Rich." 


Assisting  an  Embezzler. 

An  embezzling  bank  cashier  once  called  upon 
Butler  and  said  he  had  been  speculating  and  had  used 
$40,000  of  the  bank's  money;  that  an  expert  Avas  work- 
ing upon  the  books,  and  it  would  be  but  a  day  or  two 
when  be  would  be  found  out,  and  be  wanted  Butler's 
counsel  in  this  dilemma.  Butler  asked  how  much 
money  was  then  in  the  bank  under  his  control.  The 
terrified  cashier  replied  $100,000.  "Bring  it  to  my 
office,"  said  Butler,  "follow  my  advice  and  keep  quiet." 
The  young  man  did  so.  Butler  then  took  a  carriage, 
drove  around  to  the  residences  of  some  of  the  chief 


92 


LIFE  SKETCH  OF 


bank  officials  and  told  them  he  had  a  client  that  had 
taken  $140,000  from  their  bank;  that  the  bank  was 
powerless  to  recover  a  cent;  that  he  had  pre- 
vailed npon  his  client  to  pay  back,  and  he 
could  get  |D0,000  turned  back  into  the  bank, 
if  at  the  same  time  they  would  solemnly  promise  not 
to  prosecu+^f:.  This  they  gladly  did.  The  young  man 
was  helped  out  of  a  very  embarrassing  situation,  and 
Butler,  with  a  tAvinkle  of  his  game  eye,  put  $10,000 
in  his  pocket. 

A  Key — Real  Estate. 

lie  cleared  Elijah  Record  of  larceny,charged  with 
stealing  a  door-key  from  a  lock,  on  the  ground  that  * 
key,  being  part  of  the  house,  is  real  estate. — Butler's 
Book,  p.  987. 

Giving  the  Court  a  Chance  to  Get  Right. 

Upon  one  occasion  Butler  was  discussing  a  point 
of  law  to  the  full  bench  of  the  United  States  Supreme 
Court,  when  one  of  the  court  remarked:  "Mr.  Butler, 
that  proposition  of  law  is  settled  in  Brown  v.  Smith, 
100  U.  S." 

"I  understand  that,  your  honor,  but  I  want  to 
give  the  court  a  chance  to  got  right,"  said  Butler, 
nothing  daunted. 

Wealthy. 

He  was  said  to  be  worth  $7,000,000  when  he 
died, 


I 


t( 

r( 


U 

la 
w 
of 


BENJAMIN  FRANKLIN  BUTLER.  98 

A  Case  on  Second  Ueheariug. 

He  got  a  second  rehearing  in  the  American  Emi- 
grant Aid  Society,  ph.,  itiff  in  error,  v.  the  County  of 
Adams,  after  tlie  case  had  been  decided  against 
phiiutiff  in  error  below  and  i!i  the  United  Sates  Su- 
preme Court,  and  there  had  been  a  rehearing  in  the 
Supreme  Court,  notwillistanding  there  is  a  rule  of  the 
court  that  there  can  be  but  one  rehearing.  This  and 
the  legal  tender  cases,  in  which  he  was  also  con- 
cerned, being  the  only  cases  in  which  a  second  rehear- 
ing has  been  had.  Butler  said  to  his  client,  who  came 
to  him  with  the  record  and  wanted  him  to  examine 
it:  "The  patient  being  dead  and  buried,  and  the  sex- 
ton having  gone  home  to  supper,  you  come  to  me  for 
resurrection." — Butler's  Book,  p.  993. 

His  Brain  Weighed  Sixty-two  Ounces. 

Butler's  brain  was  found  to  weigh  sixty-two 
ounces,  four  more  than  the  brain  of  Daniel  Webster. 
Up  to  this  time  the  brain  of  Webster  was  the  second 
largest  on  record,  the  largest  being  that  of  Cuvier, 
which  weighed  sixty-five  ounces.  The  average  weight 
of  the  brain  in  man  is  fortv-niue  ounces. 


94 


LIFE  SKE  TCH  OF 


JOHN  CADWALADER,  PENNSYLVANIA. 

(1805-1879.) 

United  States  District  Judge  for  twenty-one 
rears.  Born  in  Philadelpliia,  April  1, 1805;  died  Jan 
uary  26,  1870,  aged  seventy-three.  He  was  of  militaiy 
ancestry,  being  tlie  son  of  ri(»neral  Thomas  Cad- 
walader  and  grandson  of  (ieneral  John  Cad- 
walader  of  RcAolutionary  fame.  The  Judge 
was  martial  in  disposition,  many  of  his  opin- 
ions having  the  tone  of  military  command.  He 
graduated  from  the  Tniversity  of  PiMinsylvania  at 
sixteen,  studied  law  with  Horace  Pinney,  and  was 
admitted  at  tv»enty.  He  soon  appeared  in  some  of  th»' 
most  important  causes.  Was  of  counsel  in  the  (rir- 
ard  will  contest;  prominent  in  the  litigation  that 
arose  on  the  failure  of  the  Pank  of  the  Ignited  States; 
private  counsel  to  President  Puchanaii,  who  after- 
wards ap|)ointe<l  h'ui  Tnited  Stales  District  Judge 
for  the  Kasteri'  District  of  Pennsylvania.  He 
gained  widesjtrcad  fame  <.  "ing  the  troub- 
lous times  of  the  Kebellion.  In  18(51  new 
questions  in  the     international,  civil  and     Federal 


JOHN  CADWALADER.  95 

law  arose.  In  another  jurisdiction  it  had  been  de- 
cided that  the  government  had  no  belligerent  rights 
against  the  Southern  States,  and  could  not  blockade 
their  ports  nor  capture  their  property  on  tie  high 
seas.  Judge  Cadwalader  decided  that  the  United 
States  had  the  power,  although  Congress  had  not  de- 
clared war.  By  his  decisions  at  that  time  he  became 
the  leading  mind  in  the  judicial  district  of  the  United 
States.  He  was  a  master  of  admiralty,  international 
and  commercial  law.  Flis  opinions  are  almost  ante- 
deluvian  in  their  research  for  precedents.  They  are 
thorough,  exhaustive  and  unanswerable. 

A  very  learned  lawyer  has  said:  "There  has  never 
been  a  difference  of  opinion  at  the  bar  as  to  the  extent 
of  his  learning.  I  believe  he  has  always  been 
reckoned  to  be  the  most  learned  man  in  our  profes- 
sion, lie  possesses  the  enlightened  genius  of  Mans- 
fielfl,  and  the  learning  and  culture  of  Lord  Stowell." 
As  a  lawyer  he  was  profoundly  learned;  as  a  jndge, 
pre-eminently  able;  as  a  man,  above  reproach. 


96 


LIFE  SKETCH  OF 


JOHN  CALDWELL  CALHOUN,   SOUTH   CARO- 
LINA. 

(1782-1850.) 

The  greatest  Constitutional  statesman  the  South 
has  produced,  and  one  of  the  most  original  thinkers 
upon  political  philosophy  the  world  has  seen.  Born  in 
Abbeville  District,  South  Carolina,  March  18,  1782; 
died  at  Washington,  D.  C,  March  31, 1850,  aged  sixty- 
eight;  sen  of  an  Ireland-born  farmer  and  a  Scotch- 
Irish  mother;  educated  at  Columbia  at  nineteen,  and 
at  Yale  law  school  at  twenty-  two;  admitted  at 
twenty-five;  member  of  South  Carolina  Legislature  at 
twenty-six;  member  of  Congress  at  twenty-nine  (with- 
in four  years  of  the  time  he  predicted  he  would  be); 
favored  the  American  cause  in  the  war  of  1812;  sup- 
ported Tariff  Acts  of  1810  (contrary  to  his  ideas 
in  1828);  Secretary  of  War  under  Monroe  at 
thirty-five,  and  that  department  yet  feels  the 
effect  of  his  master  hand;  Vice  President  under 
Adams  and  Jackson,  but  resigned  to  become  Senator 
and  advocate  nullification,  which  resulted  in  Gov- 
ernor Haynes  ort  sring  out  12,000  militia  to  resist  the 


JOHN  C.   CALHOUN. 


97 


collection  of  taxes  by  the  United  States,  but  was  put 
down  by  Jacl<son,  and  by  Clay's  compromise  act  of 
1S33;  advocated  "State  Sovereiijnty"  the  samej-ear,  in 
liis  {Treat  debate  with  Webster;  was  oj)posed  to  Jack- 
son removini;' deposits  of  llie  Unit<'d  States  bank;  Sec- 
retary of  State  under  Tyler;  aj^ain  United  States  Sen- 
ator in  1845  (Jnd.ye  Ilu{;er  resi<;nin{;  to  {>ive  way  on 
account  of  public  clamor);  was  in  office  continuously, 
after  twenty-six,  for  forty-two  years — thirty-nine  un- 
der United  States  Covernment. 

1I<»  was  e(iualled  onlv  bv  Webster  and  Clav  as  a 
debater.  "Wclistfr  was  inductive,  and  convinced  the 
reason;  Calhoun,  deductive,  and  da///J«^d  the  under- 
standinji';  <'lay,  seductiv»>,  and  carried  the  votes." 
"Clay,  Calhoun,  AVebster,''  said  Everett.  "I  name 
them  in  alphabetical  order.  What  ])recedence  can 
be  assiuiied  them?     Clav,  the  i-reat  leader;  ^Vebster. 


the  ureat  oratoi-;  Calhoun,  the  iireat  thinker. 


lie 


was  i)ronounced  by  John  Stuai't  Mill,  "the  p;reatest 
speculative  ]»oliti(al  tliinke!*  in  American  ])oliti('s 
since  the  days  of  the  I'ederalist."  lie  stani])ed  his 
mind  on  the  country  more  definitely,  ]»erha|»s,  than 
any  statesman  since  Hamilton.  He  was  audacious, 
S(>lf- reliant,  untirin^j',  inllexible. 


98 


LIFE  SKETCH  OF 


(^)liesivo  Power  of  Bsnik  Surplus. 

"A  powor  lias  rison  up  in  llio  ( Jovormnont  <>Toat«'r 
tliiiu  the  pooj)lG  tlicnisclvos,  coiisistiii};'  of  many  and 
various  i)o\vorful  intorosts,  coniLiiu  d  into  one  mass, 
and  held  together  by  the  cohesive  power  of  the  vast 
surplus  in  the  banks." — From  Si)ee(h,  INfay  27,  is;j(;. 

The  A'irlue  of  tlie  IMiritans. 

"I>y  what  causes  has  so  in<onsiderable  a  begin- 
ning as  that  of  the  colonies  of  New  l']iigland,  un<ler 
such  formidable  and  apparently  almost  insurnuMinl- 
able  dirticulties,  resulted,  in  so  brief  a  period,  in  such 
mighty  consequences?  The^y  are  to  be  found  in  the 
high  moral  and  intellectual  qualities  of  the  pilgrinis. 
Their  faith,  piety  and  confident  trust  in  a  sujjerin- 
tending  Providenc;  ;  their  stern  virtues;  their  patri- 
otic love  of  liberty  and  order;  their  devotion  to  learn- 
ing, and  their  indomitable  courag<*  and  perseverance. 
These  are  the  causes  which  snrmountiMl  every  ol>- 
stacle,  and  which  have  led  lo  such  mighty  residls." 

Devoiion  to  Duty. 

"If  I  IcnoAv  myself,  if  my  head  were  at  stake  1 
would  do  my  duly,  be  the  consequences  Avhat  they 
might."— Said  in  the  United  Slates  Senate  in  1847. 

Believed  in  the  Tufs'llibility  of  His  Own  ^lind. 

"Of  all  known  men  he  had  the  most  completi* 
confidence  \\\  the  infallibility  of  his  own  mind." — 
James  Parton. 


I 


JOHN  C.   CALHOUN.  99 

Tlio  North  Value  Intellect— The  South,  Character. 

"At  the  North  you  overvalue  intellect;  at  the 
South,  we  rely  ui)on  character;  and  if  ever  there 
should  he  a  collision  that  shall  test  the  strength  of 
the  two  sections,  you  will  'tind  that  cluiracter  is 
stronger  than  intellect,  and  will  carry  the  day." — 
Said  in  1845. 

Disunion. 

"The  liberty  and  union  of  this  country  are  insep- 
arable. Disunicui—  this  single  word  coni])rehends  al- 
most the  sum  of  our  jHditical  dangers,  and  against  it 
ue  ought  to  be  perpetually  guarded." — Said  in  ISKJ, 
when  favoring  the  taiiff  bill,  while  in  the  House, 
which  spee«'h  he  afterwards  tried  to  av()id. 

TTis  Manner  and  Appearance  When   Speaking. 

One  biographer  of  Calhoun  says:  "llis  counte- 
nance at  rest  Avas  strikingly  marked  by  decision  and 
tirmness;  in  conveisalion,  or  when  speaking,  it  be- 
came highly  animated  and  expressive.  His  large, 
dark,  brilliant,  penetrating  eyes  strongly  impressed 
all  who  encountered  their  glances.  WIk'u  a<ldressing 
the  Senate  he  stood  tii'in,  erect,  accomitanying  his  de- 
livery with  an  angular  gesticulation,  llis  manner 
of  speaking  was  energetic,  ardent  and  ra])id,  and 
marked  by  a  solemn  earnest m^ss  which  inspire<l  a 
strong  belief  in  his  sincerity  and  deep  conviction,  lie 
very  rarely  indulged  in  figures  of  speech,  and  seldom 
left  any  doubt  as  to  his  meaning." 


100 


LIFE  SKETCH  OF 


His  Education  at  Eigliteeu. 

At  eigbteou  years  of  a^e  ho  coukl  read,  write,  j.nd 
oiplier;  he  had  read  Kollin,  Robertson,  Voltaire's 
Charles  XII,  Brown's  Essays,  Captain  Cook,  and  parts 
of  Locke. 

Discussion  With  President  Dwight  at  Yale. 

He  was  asked  by  President     Dwight,  at  Yah>, 
"What  is  the  legitimate  source  of  power?"     He  an- 
swered, **The  people."     The  wiioh'    hour    was    con 
snnied  bv  them  in  the  discussion  which  foUowed. 


Not  Humorous. 

He  never  made  a  joke  in  his  life,  and  was  totally 
destitute  of  humor. 

Calhoun  and  ('lay  Compared. 

"Able  as  Mr.  Calhoun  certainly  was,  he  found 
an  antagonist  in  Mr.  Clay  too  adroit  and  ready  for 
him.  He  recpiiiod  time  to  ]U'epare  his  matter  and 
arrange  his  ideas,  even  to  select  his  words.  Mr. 
Clay  did  not,  at  least  in  a  personal  controversy.  As 
he  said,  he  was  self-poised,  ever  ready;  he  couhl  fire 
off-hand  without  rest.  IMr.  Calhoun,  on  the  contrary, 
must  have  time  to  load  and  take  deliberate  aim.  In 
doing  so  he  Avas  sure  to  hit  and  penetrate  the  most 
vulnerable  point  of  his  antagonist,  but  while  he  was 
doing  this  his  antagonist  Avould  have  hit  him  in  a  half 
dozen  places." — Nathan  Sargent. 


')OHM  C.  CALHOUN. 


lOl 


His  Self-Keliauce. 

"When  in  Yale  Collej^e  lie  was  ridiculed  by  his 
fellow -students  foi'  his  intense  ai)pli('ation  to  study. 
'Wiiy,  sir,'  he  re])lied,  4  am  forced  to  make  the  most 
of  my  time,  that  I  may  acijuit  myself  creditably  when 
in  Congress.'  A  huigh  followed,  Avhen  he  exclaimed, 
'Do  yon  doubt  it?  I  assure  you  if  I  were  not  con- 
vinced of  my  ability  to  reach  the  National  Capital 
as  a  rei)resentative  within  the  next  three  years,  I 
would  leave  college  this  very  day.' "  (He  left  college 
at  twenty-two,  and  was  in  Congress  in  seven  years.) — 
Mathews,  "Getting  On  in  the  World,"  p.  04. 

Constituents  Going  South  to  Teach. 

Calhoun  and  Webster  were  standing  at  the  Cap- 
itol, looking  down  Pennsylvania  avenue,  an«l  Calhoun 
observing  some  mules  traveling  southward  remarked: 
"Hello,  there,  Webster!  Yonder  comes  some  of  your 
constituents!"  "Yes,"  said  Webster,  "they  are  going 
South  to  teach." 


Webster's  Opinion  Of. 

Webster  being  asked  whom  he  considered  the 
greatest  man  he  liad  met  in  the  Senate,  or  with  whom 
he  had  come  in  contact  in  public  life,  replied  with- 
out hesitation,  "John  C.  Calhoun.  He  was  long- 
headed, a  man  of  extraordinary  power — much  the 
ablest  man  in  the  Senate." — Harvey's  Reminiscences 
of  Daniel  Webster,  p.  219. 


102  LIFE   SKETCH  OF 

Appeaiaiu'o,  N'oicc  jiud  Mauuers. 

"Like  iiiosi  of  the  race,  lie  was  rather  slender,  but 
verv  erect,  Avitli  a  ^ood  deal  of  dif;iii(y  and  some  '•ra<'e 
in  his  character  and  demeanor.  His  eyes  were  al- 
ways remarkably  fine  and  brilliant.  He  had  a  well- 
devjdojx'd  and  siron^ly-set  nose,  <'heek  bones  hij;h, 
and  cheeks  rather  sunken.  Mis  month  was  larj;c, 
and  could  never  have  been  a  comely  feature.  His 
early  i)ortraits  sh(»w  his  haii'  erect  on  his  f(»rehea<l. 
His  voice  could  never  have  been  UM'hxlions,  but  i(  was 
always  ])oweiful.  At  every  i>ei'iod  of  his  life  hi;; 
n»anners,  wIkmi  in  coni])any  wilh  his  inferiors  in  a^c 
or  standinji,  wei-e  extremely  aj;reeable,  even  fascinat- 


ing.' 


-James  Part  on. 


His  Retort  to  Chiy. 

In  the  Ignited  States  Senate  Mr.  Calhoun  had 
recently  lent  his  support  to  the  administration  of  Mr. 
^'an  Bnren,  an<l  Mr.  Clay  Avas  denouucinj;'  him  for 
apostasy.  With  his  eye  dartin;;'  lire  across  the  cham- 
ber, Mr. (May  cried  out,  "The  gentleman  has  <;(Mie  over 
to  the  enemy,  an<l  timealom*  can  disclose  the  molive." 
"The  <j;entl(Mnan,"  said  Mr.  Calhoun,  "went  over  to 
the  enemv,  and  did  not  leave  it  for  time  to  disclose 
the  motive." 


yO/AV  ARCHIBALD  CAMriiELL. 


103 


JOHN    AlU'HIIiALD    CAMPIJELL,    LOUISIANA. 

(1SU-188J).) 

Associaio  Justice  of  tlio  United  States  Supremo 
Court  from  1858  to  18(51.  liorn  in  Washiuf^ton,  Oeor- 
};ia,  June  24,181 1.  Died  at  Rallimore,Maryland,March 
18,  1889,  aj,'ed  sevenly-ei^lil.  Was  llie  son  of  Duncan 
(1.  Campbell,  a  distinguished  lawyer  and  statesman; 
entered  State  University  of  C«eor«;ia  at  eleven,  j^rad- 
uatinj*-  at  fifteen,  Avith  first-class  lionors;  was  three 
vears  a  West  Point  cadet:  licensed  to  ]»ractico  law 
with  Kobert  Tombs,  by  special  act  of  the  Georgia 
Legislature;  settled  in  Mobile  in  188(5;  exhibited  great 
familiarity  with  political  ec(»ii()my  in  a  financial  re- 
jiort  to  the  Alabama  Legislature  at  twenty-six;  twice 
refused  seat  on  Alabama  Suiu-eme  liencli;  appointed 
by  President  Pierce,  Associate  Justice,  March  22, 
1858,  at  forty-two;  resigned  in  18(51,  ami  became  As- 
sistant Confederate  Secretary  of  War;  at  end  of  the 
Pebellion  lie  I'esumed  practice  in  New  Orleans,  Lou- 
isiana. 

Upon  his  reai)pearance  before  the  bar  of  the  Su- 
preme Court,  Avhere  and  when  his  best  work  was 


104 


LIFE  ShKTCH  OF 


<l<)ii(»,  his  arj'niiKMils  lu'caino  ns  renowned  as  any  ('V<'r 
(Iclivei'c'd  llici-o.  His  arj;nni('n(s  in  llallctt  v.  Col- 
lins (10  How.,  174),  in  the  Sian^lilcr  llonse  cases  (1(5 
^Vall.,  J{<>),  and  in  llioso  of  Xew  llain[)sliire  and  New 
York  V.  Lonisiana  (108  V.  S.,  TH-O),  entitle  him  to  he 
ranked  at  the  head  of  the  piMtfession.  His  decisions 
(15-24  How.),  112  in  nninher,  ^\ith  2«l  dissents,  nota- 
bly Florida  v.  Cleorj;ia  (17  How.,  021),  show  him  to 
liaA'o  been  a  i)rofonnd  and  i)hilosoi>hical  Juiist:  and 
••reatlv  learned  in  the  civil  and  common  law.  "IIaid<s 
with  the  greatest  advocates  of  onr  tinu',"  says  (Jeorge 
Ticknor  Curtis,  "not  for  ehxpience,  not  for  brilliancy, 
not  for  the  arts  of  the  rhetorician,  but  for  those  solid 
accomplishments,  for  that  lucid  and  weighty  argu- 
mentation by  Avhich  a  court  is  instructed  to  a  right 
conclusion."  Of  one  of  his  arguments  an  Associate 
Justice  said:  "The  greatest  I've  heard  since  a  mem- 
ber of  the  court." 

He  was  a  man  of  noble  presence  and  great  phys- 
ical power;  tall,  dignified  and  impressive;  of  exalted 
character,  lovable  in  his  home  life,  and  possessed  an 
ardent  Christian  faith. 


JOHN  ARCrriDALD  CAMPBELL. 


105 


A  Philosophical  Jurist. 

"Jiuljic  CaiiiplK'U  had  few,  if  any,  CMiuals  at  the 
Amci-icaii  hai'asa  profound  and  philosophicalJurist; 
as  a  jurist  who  was  continually  j;ivinf?  vif^or  and 
bicadth  to  his  intellect  by  resortin*,'  to  the  great 
sources  of  the  ]{onian  law.  *  »  *  He  went  to  the 
hottcnn  of  eveiything  that  nMiuired  his  attention,  and 
shrank  from  no  drudgery  that  was  necessary  to  ac- 
c(Mnplish  his  purposes."— William  A.  Maury:  From 
remarks  at  Judge  (;ami)beirs  death  in  United  States 
Supreme  Court. 


Greatest  Lawyer  in  United  States. 

"John  A.  (.'an)i)bell  was  the  greatest  lawyer  in 
the  United  States,  in  my  opinion.  I  knew  him  well." 
— Thomas  J.  Semmes,  of  Xew  Orleans,  in  letter  to  the 
author,  October  11,  1802. 


106 


LIFE  SKETCH  OF 


JAMES   A'ALENTINE    CAMPBELL,    MICniGAN 

(1823-1890.) 

Member  of  the  Michigan  Supreme  Court  th'rty- 
three  years,  from  its  orjianization  in  1857  till  his 
death.  Born  at  Buffah),  >>'('w  York,  Fehruarv 
25,  1823;  died  at  Detroit,  Michij^an,  where  lie 
had  continuously  lived  since  182(1,  A[ar<h  2(5, 
1890,  aged  sixty-seven.  Admitted  at  twenty- 
one;  elected  to  Sujireme  Court  at  tliirty-f<uir; 
carefully  educated;  fine  literary  taste;  interested  in 
historical  matters;  author  of  *H)iitlin<'s  of  the  Polit- 
ical History  of  Michigan."  Wrot«»  Avitli  rare  ai)tness 
of  expression,  llis  opinions,  appearing  in  seventy 
volumes  of  the  Michigan  reports,  are  marked  by  clear- 
ness of  statement  and  deep  underHtanding  of  legal 
principles.  Was  one  of  the  founders  of  tlic 
Lav,'  School  of  ]Michigan  University,  and  twenty- 
six  years  Marshall  I'rofessoi"  of  Law  tiierc. 
Thou.^ands  who  have  ]H'olitcd  by  his  instructions  are 
endeared  to  him.  Eminent  in  all  braiicln's  (tf  the 
law,  his  knowledge  seemed  inexhaustible,  llis  oi)in- 
ions  in  Twitchell  v.  Blodgett  (13  Mich.  127),  and  Peo- 


tlu' 


JAMES  VALENTIXE  CAMPBELL.  107 

l>le  V.  Hurlburt  (24  Mi<'h.  44),  involving  Constitutional 
(|uestions,  index  the  richness  of  his  mind  in  this 
branch  of  inquiry. 

His  bearing  Avas  high  and  dignified,  and  he 
h)oked,  as  he  was,  an  ideal  judge.  A  courteous 
Christian  gentleman,  an  able  lawyer,  an  upright 
judge.  "With  gravity,  ])atience,  learning,  he  vaunted 
not  himself,"  said  Judge  Brown,  of  Detroit,  in  a  me- 
morial address.  "His  manner  upon  the  bench  was 
the  perfection  of  judicial  courtesy.  lie  was  a  pa- 
tient and  attentive  lislener,  deferential  even  to  the 
yotmgest  meml>ers  of  the  bar,  deliberate  in  his  judg- 
menti^,  but  intlexible  in  his  opinions,  lieneath  his 
placid  face  and  gracious  (h'liu'anor  lay  an  iron  will, 
a  resolution  that  knoAv  lu)  variableness  or  shadow  of 
turning."  His  face  was  a  benediction,  and  a  clasp 
of  his  hand  warmed  the  heart.  At  the  first  session 
of  court  after  his  death,  one  of  th(>  ablest  practition- 
ers <'i(ed  a  case  rendered  by  him,  and  as  his  eye  fell 
upon  the  lovable  name,  brus<pH'  man  though  he  was, 
his  voice  broke  and  his  eyes  filled  with  tears,  as  did 
those  of  most  of  the  law^'ers  present. 


108 


LIFE  SKETCH  OF 


A  Specialist. 

"A  specialist  who  is  not  one-sided,  and  puj^na- 
ciously  so,  is  rare." — In  speaking;"  of  the  defects  of  oiii- 
jury  system. 

Jury  System. 

"The  average  juror  is  infinitely  b*'tter  fitted  Iw 
his  particular  duties  than  tlie  average  incumbeir  <!• 
many  public  functions  is  for  those  which  he  has  us 
sumed.  He  can  generally  have  no  common  hobby, 
unless  it  is  one  which  all  the  community  ride,  ind 
which  carries  the  bench  also.  They  judge  men  and 
conduct  by  everj-  day  standards,  and  not  by  abstruse 
and  technical  rules.  They  Avill  usually  aim  at  doing 
as  they  would  expect  others  to  do  by  them  under  like 
circumstances,  so  far  as  the  instructions  given  to 
them  will  permit,  and  in  doing  so  they  ciunmend  the 
administration  of  the  law  to  general  a])proval  much 
more  effectually,  and  obtain  for  it  much  more  sincere 
respect,  than  would  be  d(me  otherwise."— Defects  of 
the  jury  system. 


JOHN  GRIFFIN  CARLISLE. 


109 


JOHN  GRIFFIN  CARLISLE,  KENTUCKY. 

(1835 .) 

Secretary  of  the  United  States  Treasury,  and  one 
of  the  most  popular  men  of  his  State  and  Nation. 
Rorn  a  farmer's  son,  September  5,1835,  in  what  is  now 
Kenton  countj^,  Kentucky;  he  was  educated  in  the 
country  sdiools;  moved  to  Covington  in  1856,  where 
he  taught  school ;  studied  law  with  the  late  Governor 
John  W.  Stevenson,  and  began  practice  in  1858.  He 
became  a  Rei)resentative  in  the  Legislature  at  tw-eu- 
ty-five,  serving  as  such  several  terms;  State  Senator 
at  thirty-one,  resigning  in  1871,  having  been  elected 
Lieutenant  Governor;  member  of  Congress  at  forty- 
one,  being  six  times  reelected,  and  three  ter'ns  Speak- 
er of  the  ILmse;  United  States  Senat(U',  181)0,  and 
Secretai-y  of  (he  Treasury  under  President  Cleveland, 
1S93. 

Since  the  great  Henry  Clay,  perha])s,  no  man  has 
ever  so  distinguished  himself  as  Speaker  of  the  House 
as  Mr.  ('arlisle.  In  this  august  itosition,  probably 
the  severest  test  t)f  an  American  statesman,  his  readi- 
ness and  extraordinary  judicial  discrimination  and 


: 


110  LIFE  SKETCH  OF 

discernment  enabled  him  to  decide  the  most  abstruse 
and  intricate  questions  of  parliamentary  law  at  once 
fairly  and  satisfactorily  to  the  most  liypercritical — 
11*^^  one  of  the  many  thousan<ls  of  decisions  renden'd 
evej  ;nj>'  ai»])ealed  from.  A\'hiU»  his  political 
career  has  been  a  busy  one  and  eonimanded 
a  large  portion  of  his  time,  he  has  still,  as 
far  as  possible,  continued  Ills  identitication  with 
his  profession.  As  a  lawyer,  at  the  early  age 
of  thirty,  he  rose  to  the  tirst  rank.  I  is  i)r(»- 
verbial  among  those  who  know  him  best  that  his 
statement  of  a  proposition  of  law  is  its  argument.  His 
greatest  power  is  his  faculty  of  being  able  to  compre- 
hend at  once  the  salient  p<»inls  of  the  case.  His  style 
is  not  tlorid,  nor  has  he  any  claims  of  the  rhetorician, 
yet  there  is  a  force  in  his  argnmenls  and  a  persuasive- 
ness in  his  manner  that  make  him  a  most  powerful 
advocate  before  either  a  court  or  a  jury.  Aside  from 
his  career  as  a  statesman,  he  has  no  superior  in  Ken- 
tucky as  a  lawyer,  pure  and  simple. 


'jfOHN  CKJFFIN  CARLISLE.  Ill 

Monoy  and  Business. 

"Money  does  not  create  business,  but  business 
creates  a  deniaiul  for  money."— Report  on  finances, 
December  2(1,  ISJKi. 

liimetallic  Standard  of  Money. 

"Accord in j>-  to  my  view  of  tlie  subject,  tlie  con- 
spiracy wliich  seems  to  have  been  formed  liere  and  in 
ICurope  (o  deslroy  by  b'<;islation,  and  otlierwise,  from 
nireesev«'ntlis  t<»  one-lialf  of  the  metallic  money  of 
the  world,  is  the  most  j'i^antic  crime  of  this  or  any 
other  a<;e." — From  speech  in  Congress,  February  21, 
1878. 

Yoorhees  on — Asa  Financier. 

"John  ( I,  Carlisle  is  the  peer  in  intellect  and  spot- 
less intej^rlty  of  the  illustrious  men  wlio  have  directed 
the  finances  of  the  (i(»verument,  includin*;  Hamilton, 
and  I  make  no  mistake  in  placiu"-  him  as  a  bimetal- 
list." — Daniel  W.  Yoorhees,  in  Senate,  August  22, 
1893. 


Tribute  to — As  Treasurer  of  the  United  States. 

"I  am  surprised  at  the  thoroughness  with  which 
Mr.  Carlisle  has  gras]»e(l  all  points  involved  in  the 
numagement  of  national  tiuances.  He  has  gone  into 
details,  and  is  thoroughly  posted,  and  therefore  won- 
derfully qualified  to  meet  any  emergency." — Lyman 
J.  Gage,  the  celebrated  Chicago  banker,  May,  1893. 


112 


LIFE   SKETCH  OF 


His  Intellectual  Qualities. 

"Given  a  question  involvinj?  much  patient  inves- 
tigation, prolonged  comparison  of  statistics  and  fig- 
ures, necessitating  tl>e  digging  at  tlie  roots  of  tilings, 
and  involving  a  lucid,  logical  presentation  of  facts 
and  arguments  following  these  investig;itions,  he  was 
eminent  among  the  men  of  the  House  of  his  genera- 
tion. He  had  a  marvelous  capacity  of  so  setting  forth 
complicated,  involved  facts  that  they  were  received 
by  his  associates  as  a  mathematical  demonstration 
when  made  by  the  teacher  to  his  pupils.  Tt  was  tlie 
faculty  that  makes  the  great  lawyer,  that  would  have 
given  Mr.  Carlisle  the  attentive  ear  of  tlie  Supreme 
Court  bench,  and  his  triumphs  both  in  the  House  and 
the  Senate  haAC  been  due  solely  to  these  high  intel- 
lectual qualities." — E.  Jay  Edwards,  Nov.,  1894, 
Chautauquan. 


His  Power  in  Argument  in  Court. 

"Mr.  Carlisle  is  a  masterly  pleader  before  any  bar. 
Kentucky  judges  used  to  look  upon  his  appearance 
before  them  as  a  star  attraction  instead  of  wearisome 
routine  of  duty,  and  Kenlucky  literaiure  has  been 
enriched  by  liis  legal  career.  On  one  occasion  Mr. 
Carlisle  had  an  imporlant  case  that  the  other  side 
was  sure  of  winning.  He  labored  faithfully  on  his 
argument,  and  i»rcxluced  a  speech  that  thrilled  all 
auditors  and  deeply  impressed  the  bench.  The  mo- 
ment he  had  concluded,  the  judge  ordered  court  ad- 


JOHN  GRIFFIN  CARLISLE. 


113 


journed  till  afternoon.  The  opposing  counsel  ob- 
jected strenuously,  pleading  it  was  nowhere  near  din- 
ner time,  and  that  it  was  ready  and  anxious  to  pro- 
ceed, but  the  judge  was  not  to  be  moved.  'What!' 
said  he,  'spoil  the  taste  of  such  an  argument  as  that? 
Never,  sir.  I  mean  to  enjoy  a  good  thing  when  I  have 
the  chance  to.  The  court  will  adjourn.'  "—From  Kate 
Field's  Washington. 


114 


LIFE  SKETCH  OF 


MATTHEW    HALE    CARPENTER,  WISCONSIN. 

(1824-1881.) 

Pronounced  by  J.  S.  Black  "the  finest  Constitu- 
tional lawyer  in  the  United  States."  He  was  born  in 
Moretown,  Vermont,  December  22,  1824;  died  in 
Washington,  D.  C,  February  24,  1881,  aged  fifty- 
seven.  He  commenced  reading  law  with  Governor 
Dillingham  at  fourteen,  having  promised  to  do  so 
when  six;  tried  and  won  a  case  at  sixteeu,  receiving  a 
gold  ring  as  a  fee;  was  appointed  to  West  Point  at 
nineteen,  where  he  spent  two  years;  was  admitted  at 
twenty-three,  but  spent  six  montlis  in  Rufus  Choate's 
office,  gaining  the  place  by  answering  a  letter  from 
a  country  lawyer.  Choate  read  it  and  signed  "Rufus 
Choate,  fee  |100,"  and  told  the  boy  to  stay.  He  set- 
tled at  Beloit,  Wisconsin,  in  1848,  airiving  with  sev- 
enty-five cents  and  a  11,000  library,  ])ayment  for 
which  Avas  guaranteed  by  Choafe,  who  also  su])ported 
him  during  sixteen  months  of  blindness.  In  1856  h<> 
renu)ved  to  Milwaukee;  was  elected  to  the  United 
States  Senate  in  1809,  and  again  in  1879.  He  killed 
himself  by  carrying  on  his  enormous  i)ractice  during 
his  seuutorship. 


MATTIJE}V  rrALE  CARPENTER, 


115 


He  first  became  prominent  in  a  Beloit  land  suit 
involving  several  millions,  being  opposed  by  Doolit- 
tle,  Cadj^  and  Lincoln,  and  many  suits  for  Newcomb 
('leveland,  of  New  York,  against  the  Milwaukee  &  La- 
Crosse  Railway.  lie  appeared  in  the  Wm.  A.  Barstow 
quo  warranto  proceedings  which  removed  him  from 
the  governorshi|>;  represented,  at  invitation  of  Secre- 
tary Stanton,  with  Lynum  Trumbull,  the  Government 
in  the  great  McCardle  case,  brouglit  to  test  the  valid- 
ity of  the  reconstruction  act  of  1807;  successfully  de- 
fended Belkna]),  late  Secretary  of  War,  before  an  im- 
peaching Senate,  and  received  a  |10,000  retainer  to 
represent  Tilden  before  the  Eh'cti)ral  (V)mmission,  a 
remarkable  coincidence,  as  the  Republicans  expected 
to  retain  him  for  Hayes. 

He  was  a  deej*  Constitutional  lawyer,  and  a  bril- 
liant advocate.  He  won  by  tact,  clearness,  common 
sense.  Had  great  ability  in  nwirshaling  facts,  skill 
in  analyzing,  distir.guishing  and  applying  principles. 
As  an  orator,  was  magnetic,  witty,  fluent ;  as  a  lawyer, 
coujprehensive,  thorough,  untiring. 


116 


LIFE  SKETCH  OF 


Wobstor  .and  Marshall. 

"Of  all  the  jiulyiL's,  English  tmd  American,  whose 
opinions  are  valuable  to  the  student,  Chief  Justic*' 
Marshall  stands  pre-eniin(Mit.  1  read  the  argument 
of  Mr.  Webster  in  Ogden  v.  Saunders,  upon  the  consti- 
tutionality of  state  insolvent  laws,  as  reported  by  Mr. 
Everett,  and  before  I  knew  how  the  case  was  decided 
by  the  Supreme  Court  of  the  United  States.  While 
reading  this  argument,  I  was  carried  along  captive 
through  paragraph  after  paragraph,  from  proposition 
to  proposition,  and,  when  I  had  linished  it,  I  never 
thought  of  looking  to  see  how  the  case  was  decided, 
because  I  would  have  made  my  affidavit  that  Web- 
ster's argument  was  wholly  unanswerable,  and,  of 
course,  must  have  been  decided  with  him.  And  when 
I  found,  a  year  or  two  laler,  that  the  court  decided  the 
case  the  other  way,  I  recollect  that  I  lost  confidence 
in  human  reasoning  for  the  space  of  ten  days.  Noth- 
ing finally  consoled  my  disappointment  except  the 
fact  that  the  great  Chief  Justice  dissented  from  the 
decision  of  the  court,  and  canonized  the  argument  of 
Mr.  W^ebster.  But  for  this  I  think  I  should  have  con- 
cluded that  logic  was  an  unsafe  guide  in  the  laby- 
rinths of  the  law;  however,  I  satisfied  the  wounded 
pride  of  my  boyish  judgment  by  resolving  that  Web- 
ster and  Marshall  were  greater  authority  than  the 
rest  of  mankind  combined,  and  that  Webster  was 
right  though  he  did  not  succeed." — Extract  from  lec- 
ture to  law  students  in  Washington,  1870. 


MATTHEW  HALE  CARPENTER. 


117 


Ohiof  Justice  Gibson. 

"The  opinions  of  Cliief  Jiistiee  Gibson,  thoroughly 
uudei'stood,  would  make  any  man  a  profound  law- 
yer."— Idem. 

English  Keports. 

"Jiuy  your  own  State  reports,  next  the  New  York 
reports,  whieh  will  furnish  you  with  ingeniously  rea- 
sond  cases  on  every  side  of  every  question,  and  then, 
lo  relieve  the  bewilderment  of  the  inexperienced 
mind,  tossed  to  and  fro  by  reading  New  York  decis- 
ions, you  will  need  the  sobering  influence  and  steady 
sui)port  of  the  Massachusetts  reports.  Next,  and  be- 
fore the  reitorts  of  other  States,  I  would  buy  all  the 
English  Common  Law  and  ( 'hancery  reports,  and  con- 
linue  them  Avitli  the  i>resent  series,  bringing  the  de- 
cisions of  the  English  courts  within  a  few  weeks  of 
their  actual  delivery."-    Idem. 

Ghoate's  Friendship. 

Hufus  Choate,  with  whom  ( 'arpenter  spent  the 
greater  portion  of  a  year,  guaranteed  a  |1,000  library 
which  he  selected  for  tin;  young  man,  upon  his  re- 
UKMiil  to  Wisconsin,  and  gave  him  his  fare  from  P.os- 
ton  to  Beloit  and  the  following  letter: 

"Boston,  May  25, 1848.—  I  have  great  pleasure  in 
stating  that  I).  M.  II.  Garpenter,  Esquire  [these  were 
Garpenter's  baptismal  initials],  is  well  known  to  me; 
that  his  character  is  excellent,  his  talents  of  a  very 
high  order,  his  legal  attainments  very  great  for  his 


118 


LIFE  SKETCn  OF 


time  of  life,  and  that  lils  love  of  labor  and  liis  fond- 
ness for  his  profession  insnre  his  success  wheresoever 
he  m.ny  establish  himself.  He  studied  (he  law  in  my 
office  for  the  closiuj;  portion  of  his  term,  and  I  part 
with  him  with  j^reat  regret.  To  the  profession  and 
the  public  I  recommend  him  as  worthy  «>f  the  utmost 
confidence,  honor  and  patronajje. 

Rufus  Choate,  Counsellor  at  Law." 
— Flower's  Life  of  Oarpenter,  ]).  55. 

Choate  Supported  Him  Wln-n  Hlind. 

Soon  after  Carpenter  settled  in  Beloit,  W 
sin,  he  was  troubled  with  his  eyes,  became  nearly 
blind,  w<^nt  to  New  York  city  for  treatment,  and  dur- 
ing a  period  of  about  sixteen  montlis  Choate  sup- 
ported him,  paying  his  expenses  in  a  New  York  hos- 
pital, etc. — Carpenter's  Life,  p.  Gft-(>7. 

Webster's  Argument  and  Marshall's  Opinions. 

"Read  Webster's  arguments  in  the  United  States 
Supreme  Court,  and  then  Marshall's  opinion  in  decid- 
ing the  case,  and  see  how^  much  that  you  thought  un- 
answerable in  the  argument  found  its  way  into  the 
opinion.  Thus  you  will  obtain  pure  gold,  refined  by 
fire." — From  lecture  to  law  students  in  Washington, 
1870. 

Military  Life. 

"I  don't  believe  a  man  can  ever  become  great  by 
learning  to  walk  a  crack  with  a  stiff  neck  and  his 
fingers  on  the  seams  of  his  pantaloons." — Said  after 
being  one  year  at  West  Point. 


MATTHEW  HALE  CARPENTER. 


119 


His  Defense  of  Bolknai). 

Carpenter  rose  to  defend  Wni.  W.  Belknaj),  and 
annonneed  Ids  jdea  for  the  late  Secretary  of  War, 
who  had  resigned  the  office,  npon  Carpenter's  advice, 
and  wlio  was  beinj^  tried  on  his  iinpeacliment  by  th<» 
Senate,  by  sayinj;:  "Mr.  Bellinap,  a  citizen  of  Iowa, 
pleads  not  guilty."  This  was  Mr.  Carpenter's  defense 
in  a  sentence, — that  being  a  citizen  of  Iowa,  and  no 
longer  a  pnblic  officer,  the  Senate  had  no  jurisdiction. 

Justice  Miller's  Oi)iiiion. 

When  the  exhibit  of  impeachment  was  made 
against  W.  W.  Belknap,  Secretary  of  War,  that  officer 
consulted  privately  with  Justice  Miller  as  to  who 
should  be  engaged  as  counsel.  "Matt.  Carpenter  and 
Judge  Black,"  was  Miller's  reply;  "the  best  lawyers 
in  America." — Life  of  Carpenter,  p.  124. 

The  Turning  Point  in  His  Life — Newcomb  Cleveland. 

Mr.  Carpenter  often  said  that  "circumstances 
make  men,"  and  as  an  illustration  frequently  related 
how  he  got  his  start.  Some  three  years  after  he  set- 
tled in  Beloit,  Wisconsin,  to  practice  law,  the  public 
became  very  much  agitated  over  license  or  no  license 
of  the  saloons.  There  being  a  college  in  the  town,  the 
faculty  took  strong  ground  against  the  license.  At  this 
juncture  young  Carpenter  was  called  upon  to  address 
the  people  in  favor  of  license  at  the  town  hall.  The 
evening  the  speech  was  mrde  Newcomb  Cleveland  of 
New  York,  the  many  times  millionaire,  came  into  Be- 


120 


LIFE  SKETCH  OF 


loit  to  look  after  his  railroad  interests  in  that  State 
as  to  the  construction  of  the  Milwaukee  &  LaCrosse 
Railroad       The    company    had    employed    all    the 
leading   lawyers  of  Milwaukee  to    represent    their 
side.     While   Mr.  Cleveland  was   strolling  around 
town  he  asked  the  clerk  of  the  hotel  if  there  was  any- 
tb'ng  going  on  that  evening  which  would  be  of  inter- 
est to  hear.    ITe  was  told  nothing,  except  that  a  young 
lawyer  was  to  speak  Jit  the  town  hall  on  the  license 
question.    Mr.  Cleveland,  for  want  of  something  bet- 
ter, strolled  in  to  hear  him.    About  two  years  later, 
Carpenter  sat  in  his  office  reading  a  magazine,  when 
Mr.  Cleveland  stepped  into  his  office  and  asked  if  he 
was  Mr.  Carpenter.  Being  t(»ld  that  he  was,  Mr.  Cleve- 
land told  him  he  wanted  him  to  look  after  his  rail- 
road interests  in  that  State;  that  he  would  pay  him 
|(),000  a  year,  and  wanted  him  to  move  to  Milwaukee 
at  once;  that  the  litigation     would    probably  take 
ten    year?,;  and  that    he  should  retain  no  one  else. 
Young  Carpenter  {.ccepted,  a  contract  was  drawn, 
and  Mr.  Carpenter  moved  forthwith  to  Milwaukee 
with  his  family  and  entered  upon  his  work.    About 
eight  years  were  consumed  in  the  various  legal  con- 
t'^sis  for  Mr.  Cleveland's  interests  in  the  State  and 
Federal  courts,  and  Mr.  Carpenter  added,  "If  it  had 
not  been  for  that  little  speech  on  the  license  question 
I  probably  would  have  continued  in  Ueloit  for  some 
years,  perhaps  during  the  remainder  of  my  life.    If  T 
had  remained  there  I  never  shouid  have  been  Senator. 
Cleveland  brouglit  me  into  a  wider  field,  and  theij  T 


MA  TTHE IV  HALE  CARPENTER. 


121 


studied  as  no  man  ever  studied  before  to  carry  his 
litigation  througli  successfully.  The  license  sjjeech 
was  the  turning  point  of  my  life  and  made  me  all  T 
am." — Flower's  Life  of  Carpenter,  p.  79. 

Chase's  Tribute. 

Chief  Justice  Chase  saidj  when  Carpenter  in  a 
dress-suit  argued  the  McCardle  case.  "That  young 
man  talks  bad  law  in  better  style  than  any  man  I  ever 
heard  in  this  court." 

For  Wm.  M.  Meredith's  tribute  to  him  and  his 
brief  in  the  McCardle  case,  see  "Meredith." 

Stanton  Retained  Ilim  in  the  McCardle  Case. 

Secretary  Stanton  retained  him,  giving  him  a 
$5,000  retainer  in  the  McCardle  case,  and  when  he 
had  finished  his  argument  threw  his  arms  around  him 
and  exclaimed,  "Carpenter,  ycui  have  saved  tisl" 

Received  a  $10,000  Retainer  for  Tilden. 

In  1877  Zach.  Chandler,  of  Michigan,  went  to  re- 
tain Carpenter  on  belialf  of  Hayes.  Being  asked  what 
he  would  charge  to  appear  for  IJa  "s,  he  rei)lied,  $10,- 
000.  Chandler  left  saying  he  wn  Ud  consult  the  com- 
mittee and  ]«'t  him  know.  In  a  day  or  two  Mr.  Til- 
den's  friends  came  to  see  him  to  repivsent  their  side. 
Mr.  Carpenter  said  he  liad  been  consulted  by  the 
other  side  and  did  not  feel  at  liberty  at  that  time  to 
accept  a  retainer,  but  added  that  he  would  let  them 


laa 


LIFE  SKETCH  OF 


know  in  a  couple  of  days,  as  he  had  not  yet  been  re- 
tained, lie  then  dropped  Chandler  a  line,  and  hear- 
ing nothing,  upon  the  return  of  the  Tilden  committee, 
said  he  was  at  liberty  to  appear  for  Tilden,  as  he 
had  no  reply  from  the  other  side.  Ten  thousand  dol- 
lars, as  a  retainer,  was  paid  him  at  once,  and  he  began 
to  prepare  for  the  great  struggle.  The  day  following, 
Mr.  Chandler  returned  and  said  that  they  had  decided 
to  retain  him.  "I  am  very  sorry,"  said  Mr.  Carpen- 
ter, **but  I  nm  retained  by  the  other  side." 

Taking  the  Unpopular  Side  of  a  Case. 

In  connection  with  the  Ilayes-Tilden  contest, 
Carpenter  was  severely'  criticised  for  appearing  for 
Tilden,  but  he  answered  he  was  in  the  practice  of  the 
law  to  make  a  living  and  not  for  politics.  The  news- 
paper strictures  so  annoyed  his  wife  that  she  wrote 
him  she  wished  he  could  engage  in  causes  that  would 
please  the  newspapers.  lie  replied:  "While  I  live 
and  have  my  health,  I  must  walk  the  mountain 
ranges  of  the  profession,  swept  by  the  storm  of  hu- 
mr.n  hate  and  passion.  Neither  solf-respect  nor  my 
love  for  you  will  permit  me  to  seek  the  obscurity  and 
consequent  shelter  of  deep  valleys  and  smooth 
meadows." — Life,  p.  126. 

His  Care  in  Briefing  Cases. 

"In  drawing  up  the  most  ordinary  brief,  Carpen- 
ter was  never  satisfied  with  the  words  he  had  first 
written,  but  kept  continually  working  out,  through 


MATIHEW  HALR  CARPENTER. 


123 


the  dictionaries  or  the  works  of  standard  authors,  the 
most  certain  and  exact  sliades  of  meaning  which  he 
desired  to  express."— Jonas  M.  Buntly,  editor  of  New 
Yorlc  Post  and  Mail,  in  a  letter  of  Sep.  10, 1883. 

The  Babcock  Whisky  Cases. 

In  the  defense  of  the  whisky  cases  in  the  United 
States  Circuit,  in  1875,  Carpenter  tried  "to  pass  by" 
Judge  Drummond,  figuratively  speaking,  to  address 
the  jury.  The  judge  stopped  him.  When  asked  why  he 
attempted  it,  he  said:  "All  the  law  was  against  me, 
public  opinion  was  agoinst  me,  the  press  was  against 
me,  the  Court  was  against  me,  my  clients  were  as 
guilty  as  Cain,  so  what  could  I  do?  My  only  possible 
chance  was  to  get  by  the  judge  and  at  the  jury." — 
Carpenter's  Life,  p.  136. 

Office  Fired  Because  He  Opposed  ihe  Railroads. 

Carpenter's  office  was  fired  because  of  the  strong 
'  ^Mid  he  took  against  corporate  power,  especially  in 
upholding  the  Potter  law  in  1809  against  the  opin- 
ions of  Wm.  M.  Evarts,  Charles  O'Conor,  E.  Rock 
well  Hoar  and  Benjamin  R.  Curtis. — Carpenter's  i  Jfe, 
p.  155. 

Judge  (irii^r's  Opinion  of  Carpenter. 

After  his  first  argument  in  the  United  States  Su- 
preme C*)urt  in  1S()2,  Judge  (^irier  told  the  clerk  that 
he  was  as  good  an  orator  as  Clay  ever  was,  and  that 
he  had  heard  all  the  great  lawyers  of  the  country,  and 


124 


LIFE  SKETCH  OF 


to  Judge  Millor  in  the  cloak-room,  said:  "I  have 
never  listened  to  a  better  argument;  and  ha^e  heard 
nothing  ecjual  to  his  effort  to(hiy  since  Mr.  Webster 
was  before  us." — ^Life  of  Carpenter,  p.  172. 

Briefed  Cases  in  Baggage-Car. 

"His  most  remarkable  trait,"  said  Justice  Mil- 
ler, "was  industry."  He  used  to  take  the  night  train 
for  the  interior  of  the  J^late,  r.fter  hard  work  all  day  in 
his  office,  for  a  trial  the  next  day,  and  he  generally 
asked  for  a  chair  and  table  and  sat  in  the  baggage- 
car,  Avhere  he  would  work  for  hours  oblivions  <»f  the 
rattle  of  the  cars  or  the  surroundings.   -Id.  p.  178. 

"Young  Lion  of  the  West." 

Upon  his  second  election  to  the  United  States 
Senate  in  1875,  (Jeorge  W.  Peck,  of  Peck's  Milwaukee 
Sun,  gave  him  the  sobriciuet  of  the  "Young  Lion  of 
the  West,"  which  was  his  jxtpular  nickname  till  his 
death.— Id.  j).  2!>0. 

Independeni  Party     Between  Right  and  Wrong. 

"If  the  Republican  party  is  right  and  the  Demo- 
cratic party  is  wrong,  Mhere  must  be  the  Independent 
l)arty?  It  is  between  right  and  wi'ong." — Said  Car- 
penter in  the  Hayes  campaign,  1S7(). 

Justice. 

"In  this  i'rnel  world  justue  is  sometimes  kind- 
UesH."— Id.  377, 


MATTHEW  HALE  CARPENTER. 


125 


Wobst<^r  and  Clioate  His  Tdoals. 

While  yet  a  youth  he  used  frequently  to  say  that 
he  preferred  a  single  feather  from  the  plume  Web- 
ster and  Choate  wore  to  all  the  wealth  which  human 
hands  could  acipiire. — Td.  p.  182. 

Oushing's  Description  of  His  Coming  Into  Court. 

Caleb  Cushing  once  said  to  Henry  Wilson  as  he 
saw  Carpenter  entering  the  Senate,  his  coat  and  vest 
unbuttoned  on  account  of  the  excessive  heat,  a  bun- 
dle of  papers  and  a  volume  of  reports  in  one  hand,  and 
a  large  palm-leaf  fan  in  the  other:  "I  do  love  to 
watch  the  entry  of  that  man  into  court;  he  conies  in 
with  such  a  sunshiny  smile,  such  a  boyish  indiffer- 
ence of  step,  and  such  a  roguish  twinkle  of  the  eyes, 
as  seems  to  say,  'Now,  listen  while  I  have  some  sport 
with  these  old  codgers.'" — Id.  1G9. 

His  Son  Paul's  Telegram. 

When  Carpenter  was  elected  a  second  time,  in 
1879,  to  the  Senate,  after  his  protracted  struggle, 
anu)ng  other  telegrams  received  was  one  from  his  son, 
Paul,  then  ten  years  old:  "Dear,  splendid,  papa:  Ma- 
ma and  I  send  love  and  congratulations." — Id.  331. 

Was  Poor  Till  Fourteen. 

"Before  I  was  fourteen  years  of  age  I  never  saw  a 
carpet,  a  sofa,  or  a  piano." — From  speech  in  elanes- 
ville,  1873,  in  defense  of  iiis  vote  in  favor  of  the  "Sal- 
ary Grab  Bill." 


126 


LIFE  SKETCH  OF 

Whitelaw  Reid. 


"Whitelaw  Reid  is  a  fop  and  frivolous  pretender, 
of  wliom  a  contemporary  review  recently  said: 
*Whitelaw  Reid  was  seen  on  the  streets  again  yester- 
day with  men's  clothes  on.  Whore's  the  police?'  " — 
Speaking  of  the  power  of  the  press  in  Senate  in  1881 : 
Id.  377. 

Reply  to  Senator  Hoar. 

Senator  Windom  of  the  session  of  the  Senate  in 
1879  moved  a  resolution  looking  to  the  establishment 
of  a  department  of  agriculture  and  commerce.  Car- 
penter asked  if  there  was  a  lawyer  in  tlie  Senate  wlio 
could  point  out  what  t  lause  of  the  Constitution  af- 
forded power  to  establish  any  such  department.  Sen- 
ator Hoar  asked  if  other  things  had  not  been  done 
without  the  permission  of  the  Constitution.  Carpen- 
ter replied:  "It  is  a  very  easy  thing  to  justify  any 
action  that  Ccuigress  nmy  want  to  take,  if  it  is  a  sut!i- 
cient  justification  to  say  that  Congress  has  done  sucli 
a  thing.  I  do  not  know  wh(»re  would  be  the  limit  of 
our  power,  if  we  conld  first  do  a  thing,  and  then  next 
day  justify  the  action  l)ecaiis(>  we  did  it  the  day  be- 
fore."—Id.  421). 


Self-(fOvernment. 

"The  last  hope  of  man  in  the  experinu'ut  of  self- 
government  is  with  us;  we  are,  (?ven  today,  with  all 
the  difliculties  we  have  to  contend  against,  holding 


AfA  TTHE  W  HALE  CARPENTER. 


127 


the  lamp  of  liberty  a  little  higher  and  shedding  its 
light  a  little  clearer  on  the  face  of  the  world  than  any 
other  nation.  Yet  we  are  in  our  infancy,  not  only  in 
years,  but  in  oi)portuuities  and  capacities." — From 
speech  in  New  Orleans  when  Carpenter  went  there 
to  investigate  election  frauds:     Id.  462. 

nis  liibrarv  and  Cost  to  Live  as  Senator. 

"I  have  5,000  volumes  of  law  books  and  about 
6,000  volumes  of  political  and  literary  works.  •  *  * 
In  just  three  causes  in  the  Supreme  Court  last  year 
(1872),  which  I  prepared  for  argument  during  the 
summer  at  home,  I  received  |1 0,500  in  cash.  That 
was  the  reason  that  I  was  able  to  get  through  the 
year,  as  my  offices  and  liouse  rent,  insurance  pre- 
miums [.f  1,000  paid  on  books,  and  he  carried  $50,000 
(m  his  life,  costing  yearly  in  premiums  $1,400], 
amounted  to  .|6,550,  not  including  living,  clothes, 
books,  doctor  bills,  charities,  etc."— Extract  from 
same  s})eech:     Id.  471. 

Tantalizing  Willi  Reconstruction. 

The  «'owardice  of  Congress  in  dealing  with  John- 
son and  reconstruction  was  cliaracterized  and  likeiu'd 
by  him  to  cntting  ofT  a  dog's  tail,  in  the  fcdlowing: 
"If  I  were  going,  even,  to  cnt  a  dog's  tail  off,  I  would 
cut  it  off  at  once,  and  have  done  with  it.  The  con- 
gressional plan  is  to  cnt  ofT  two  or  three  inches  every 
two  or  three  days,  and  thus  keep  the  cur  yelping  and 
snapping  forever." — Id.  484, 


i 


128 


LIFE  SKETCH  OF 


His  Generosity. 

Tt  was  a  liabit  with  Carpenter  to  talce  a  ragged 
urcliin  to  a  store,  buy  him  a  new  hat,  handlierchief, 
shoes  or  stockings,  and  he  tlius  has  sent  home  hun- 
dreds rejoicing.  He  very  frequently  gave  a  beggar 
girl  $10,  and  tried  cases  for  nothing  where  parties 
were  unable  to  pay. 

Eight  Thousand  Dollars  for  His  Briefs — Congress. 

He  Lad  a  collection  of  all  the  briefs,  arguments, 
etc.,  presented  to  the  attention  of  the  Supreme  Court 
of  the  United  States  since  its  organization.  These 
were  bound,  and,  as  the  only  other  similar  collection 
extant  belonged  to  the  Philadelphia  Law  Library, 
wore  considered  so  valuable  that  after  his  death  Con- 
gress set  aside  $8,000  for  their  purchase  as  an  adui 
tion  to  the  Congressional  Library. — Id.  513. 

Child  Half  White— Joke  on  Ryan. 

Carpenter,  to  get  a  joke  on  Ryan,  had  it  reported 
that  the  wife  of  one  of  their  distinguished  clients  had 
had  born  to  her  a  child  that  was  half  white.  He  ex- 
pressed a  desire  that  Ryan  should  keep  it  out  of  the 
newspapers.  Ryan  broached  the  subject  to  the  father 
of  the  child.  Amid  great  embarrassment  he  learned 
that  the  child  was  a  perfect  Caucasian  in  color.  Re- 
turning in  a  rage.  Carpenter  remarked:  "I  supposed 
you  knew  the  other  half  of  the  child  was  white,  too." 
*-Id.  557. 


MATTHEW  HALE  CARPENTER. 


129 


Shakespeare  and  the  Bible. 

His  favorite  volumes  were  Shakespeare  and  the 
Bible,  which,  he  said,  were  all  the  library  a  man 
needed. — Id.  514. 


Loves  and  Friendships. 

"The  loves  and  friendships  of  individuals  par- 
take of  the  frail  character  of  human  life;  are  brief 
and  uncertain.  The  experiences  of  a  human  life  may 
be  shortly  summed  up:  A  little  loving  and  a  good 
deal  of  sorrowing;  some  bright  hopes  and  many  bitter 
disappointments;  some  gorgeous  Thursdays,  when 
the  skies  ire  bright  and  the  heavens  blue,  when  Prov- 
idence, bv^nding  over  us  in  blessings,  glads  the  heart 
almost  to  madness;  many  dismal  Fridays,  when  the 
smoke  of  torment  beclouds  the  mind  and  undying 
sorrows  gnaw  upon  the  heart;  some  high  ambitions 
and  many  Waterloo  defeats,  until  the  heart  becomes 
like  a  charnel  house  filled  with  dead  affections,  em- 
balmed in  holy,  but  sorrowful  memories;  and  then 
the  'silver  chord  is  loosed,'  the  'golden  bowl  is  broken,' 
the  individual  life — a  cloud,  a  vapor — passeth  away." 
— Speech  in  Reception  of  the  (Irand  Duke  Alexis, 
1871.  .  ; 


180 


LIFE  SKETCH  OF 


JAMES  COOLIDGE  CARTER,  NEW  YORK. 

(1827 .) 

James  0.  Carter  is,  b}'  the  general  consent  of  the 
New  York  bar,  spoken  of  as  the  leader  of  the  profes- 
sion. This  title  has  not  been  accorded  so  generally 
to  any  man  since  the  death  of  Charles  O'Conor,  with 
whom  Mr.  Carter  was  associated  in  s,  -^ral  import- 
ant litigations,  especially  in  the  great  Jumel  case, 
which  they  carried,  after  years  of  labor  under  extra- 
ordinary difficulties,  to  a  brilliant  termination.  Mr. 
Carter  was  born  in  Lancaster,  Massachusetts,  Octo- 
ber 14,  1827,  and  is  a  graduate  of  Harvard 
college.  He  is  a  gentleman  of  fine  appearance, 
of  courtly  manners  and  of  impressive  speech. 
His  main  superiority  consists  in  his  broau 
and  philosophical  view  of  the  law.  In  his 
arguments  he  prefers  to  seek  the  fountain  rather  than 
to  follow  the  streamlets.  He  builds  upon  the  broad- 
est and  strongest  foundations,  and  it  may  generally 
be  said  of  him,  as  was  said  of  Mr.  Calhoun,  that  if  you 
grant  his  premises  you  are  bound  to  accept  his  con- 
clusions.   Although  he  has  had  considerable  sue- 


COOI.IDGE 

CARTER, 

131 

bis  main 

oxcellenco 

has 

hccn  ill 

>r«'  the  Court  of  Appeals 

and  the 

li<»  Uiiiird 

States. 

Tlion<;h   «1<*- 

JAMES 

cess  as  a  jury  lawyer, 
}j[reat  arf^uinents  bef* 
Supreme  <'onit   of  tl 

feated  by  a  «losely  divided  court  in  the  ^reat  Tilden 
will  case,  his  arj^ument  in  tliat  celebrated  litigation 
does  him  p;reat  honor.  He  was  of  counsel  for  the 
United  States  in  the  Hehrin}?  sea  case,  and  his  eight- 
day  argui 


it  elicited 


it 


idati 


It  was 


•onimenc 
masterly  in  its  generalization,  in  its  philosophy,  iu 
its  breadth  and  in  the  high  tone  whic^h  prevailed 
throughout.  The  president  of  the  tribunal  com- 
mended it  in  terms  of  deserved  eulogy.  His  practice 
has  been  for  many  years  very  large.  He  was  made 
I  president  of  the  American  Bar  Association  in  1804. 

Since  the  death  of  his  former  partner,  Mr.  Henry  J. 
Scudder,  in  188f>,  with  whom  he  was  associated  for 
thirtj'-three  years,  Mr.  Ledyard,a  grandson  of  General 
Cass,  has  been  associated  witli  him.  Mr.  Carter  is 
sixty-seven  years  of  age,  a  bachelor,  and  retains,  to  all 
appearances,  his  old-time  vigor  and  earnestness,  and 
is  greatly  esteemed  by  his  associates. 


182 


LIFE  SKETCH  OF 


Reform  in  Law. 

"But  we  do  know  that  all  reform  and  progress 
in  the  law  consists  in  Jifting  up  the  actual  system 
which  we  administer  into  a  more  i)erfect  harmony 
with  the  ideal  of  concei)ti()n." — Extract  from  an  Ad- 
dress on  "The  Ideal  and  the  Actual  Law,"  delivered 
before  the  American  Bar  Association,  1890, 

An  Advocate. 

"Mr.  Carter,  the  greatest  lawyer  in  New  York, 
and  probably  the  greatest  in  all  our  country,  is  essen- 
tially an  advocate." — March-April  American  Law 
Beview,  1894. 

Does  Ilis  Briefing  at  Home. 

Mr.  Carter  is  a  difficult  man  to  find  in  his  office  on 
Wall  street,  as  he  does  all  his  briefing  at  his  elegant 
home,  at  277  Lexington  avenue,  New  York. 


He 


Unostentatious  But  Kindly, 
is     a     very     nuHlest,     unassuming     man. 


Upon  one  occasion,  it  is  related  that  a  very  wealthy 
lady  client,  in  the  vicissitudes  of  life,  lost  all  of  this 
world's  goods.  A  public  sale  of  her  effects  took 
place  in  New  York  city,  and  among  other  things  to 
go  was  a  fine  span  of  horses  and  the  family  carriage, 
which  had  been  prized  by  her  for  years.  At  the  sale 
Mr.  Carter  had  a  friend  buy  in  the  turnout  at  some- 
thing like  $«00  or  |'700,  and  turned  it  over  to  the 
lady,  but  she  never  knew  who  was  her  benefactor. 


HAUfON  POh'TLAND  ClfASR. 


133 


SALMON  PORTLAND  CHASE,  OHIO. 
(1808-1873.) 

Born  at  rornlsh,  New  ILiinpHliiro,  January  13, 
1808;  died  at  New  York  May  7,  1873,  ajjt'd  sixty-flvo. 
Graduated  at  Dartniouth  f*<dloj>;e  with  rospcctable 
rank.  Subsequently  taught  school  and  studied  law 
simultaneously,  the  latter  in  the  oflftce  of  William 
Wirt,  at  Washington,  where,  when  twenty-one,  he 
was  admitted  to  the  bar,  immediately  after  which  he 
removed  to  Cincinnati.  In  his  early  practice  he  com- 
piled "Chase's  Statutes  of  Ohio,"  a  work  of  tremen- 
dous labor  and  patience.  Moved  apparently  by  out- 
rages of  which  he  was  an  eye-witness,  he  early  be- 
came identified  with  the  anti-slavery  movement  in 
Ohio,  appearing  as  counsel  for  them  until  he  gained 
the  sobriquet,  "Attorney  General  for  Runaway  Ne- 
groes." In  1849  he  was  elected  to  the  United  State<3 
Senate;  1855,  was  made  Governor  of  Ohio,  and  re- 
elected in  1857.  Again  elected  to  United  States  Sen- 
ate, 1860,  resigning  to  become  Linc<dn's  Secretary  of 
the  Treasury,  a  post  which  he  filled  until  December 
G,  18G4,  when  Mr.  Lincoln  nominated  him  Chief  Jus- 


131 


LIFE  SKE  TCH  OF 


tice  of  the  Supreme  Court,  a  nomination  immediately 
confirmed  by  tlie  Senate  witliout  even  referring  it. 
He  continued  Chief  Justice  until  his  death. 

Chase's  whole  being,  capable  of  great  moral 
force,  was  bound  up  in  the  anti-slaver}-  struggle.  His 
services  to  that  cause  were  of  great  and  overwhelm- 
ing importance.  His  conduct  of  the  Treasury  it  is 
easy  to  criticise,  but  the  fact  remains  that  he  accom- 
plished his  immediate  object  and  provided  funds  for 
the  most  expensive  war  the  Avorld  has  ever  known. 
He  was  a  born  organizer  and  administrator.  Called 
to  the  highest  judicial  position,  almost  by  universal 
acclaim,  it  may  be  questioned  whether  his  previous 
training  or  natural  powers  of  mind  were  those  of  a 
great  lawyer.  He  presided  with  dignity  at  the  im- 
peachment of  President  Johnson,  but  his  powers, 
jihysical  and  mental,  had  been  shattered  by  the  stress 
of  troublous  times.  Of  the  minor  moralities  he  was 
conventionally  observant,  but  he  had  great  courage 
in  pursuing  the  path  of  duty  when  ho  clearly  per- 
ceived it. 


SALMON  PORTLAND  CHASE. 


135 


John  Randolph. 

"John  Randolph  has  boen  eA'ery thing  by  starts, 
and  nothing,  long;  who  opposed  Jefferson,  Madison 
and  Monroe;  who  is  an  aristocrat  at  heart  and  disor- 
dered in  intellect;  the  scorn  of  the  wise,  the  laugh- 
ing stock  of  the  gay  and  the  abhorrence  of  the  good." 
— Shucker's  J:ife  of  Chase,  p.  28.  Written  at  twenty 
years  of  age. 

Power  of  Courts. 

"Judicial  duty  is  not  less  fitly  performed  by  de- 
clining ungranted  jurisdiction  than  in  exercising 
firmly  that  which  the  Constitution  and  the  law  con- 
fers."—Ex  Tarte  McCardle,  Wallace,  155. 


Indestructible  Union. 

"Tlie  Constitution,  in  all  its  provisions,  looks  to 
an  iiulestructible  Union  composed  of  indestructible 
States,"— Texas  v.  White,  7  Wallace,  725. 

Reading. 

"The  knowleilge  obtained  by  bare  reading  is  of 
little  value.  Books  must  be  meditated  and  talked 
to  be  understood  and  converted  into  mental  aliment." 
— Shucker's  Life  of  Chase,  p.  30. 

Congress  and  Slaves. 

"Congress  has  no  more  jmwer  to  make  a  slave 
than  to  make  a  king." — Tn  tlie  "Free  Soilers' "  plat- 
form of  1S4S,  drawn  by  Chase. 


186 


LIFE  SKETCH  OF 


The  Fugitive  Slave  Law. 

"The  fugitive  slave  law  punishes  humanity  as  a 
crime,  authorizes  seizure  without  process,  trial  with- 
out a  jury,  and  consignment  to  slavery  beyond  the 
limits  of  the  United  States  without  opportunity  of 
defense,  and  npon  ex  parte  testimony," — From  a 
speech  in  opposition  to  the  law  in  the  United  States 
Senate,  1850. 

Education  of  Youth  by  State. 

"No  safer,  no  more  remunerative  investment  of 
revenue  is  made  by  the  State  than  in  the  instruction 
of  the  youth." 

— From  a  Letter  to  the  Ohio  State  Teachers'  Associ- 
ation, 1858. 


Modest  and  Frank. 

He  was  extremely  modest  and  frank.  Thus  he 
would  not  accept  several  thousand  dollars  made  by 
his  broker's  gambling  in  stocks  (but  this  was  on  ac- 
count of  a  resolve  when  a  young  man  never  to  specu- 
late); nor  would  he  accept  a  handsome  house  and 
grounds  which  Baltimore  friends  projmsed  to  present 
him;  nor  would  he  take  credit  for  a  ^5,000  contribu- 
tion to  the  Metropolitan  M.  E.  church  at  Washing- 
ton, but  wrote  after  his  signature,  "paid  through  the 
liberality  of  David  Drew." 


SALMON  PORTLAND  CHASE.  137 

Would  Not  Transact  Business  With  Women. 

He  said  no  amount  of  statement  or  explanation 
was  sutTieient  to  ( onvince  a  voman  that  to  grant  any 
particular  request  was  either  inexpedient  or  impos- 
sible. He  therefore  had  an  inflexible  rule  never  to 
transact  business  with  ladies.  On  one  occasion  a 
very  handsome  woman,  the  wife  of  an  old  acquaint- 
ance, vowed  she  would  make  him  receive  her,  and 
after  twice  being  refused  admittance  rushed  by  the 
guard  and  asked  if  she  might  have  an  interview. 
Chase  replied,  "No."  She  burst  into  tears,  and  he 
followed  her  out,  explained  the  necessity  of  the  rule 
and  heard  her  out,  but  did  not  invite  her  into  his 
office. 

Failed  in  Teaching. 

He  was  dismissed  from  his  first  school  at  Rox- 
bury.  New  Hampshire,  then  but  sixteen,  and  teaching 
at  18.00  per  month  and  boarding  around,  after  two 
weeks'  trial,  as  he  failed  to  govern  the  school. — 
Shucker's  Life  of  Chase,  p.  189. 

His  Uncle's  Reply  to  His  Request  for  a  Clerkship  in 
the  Departments. 

He  failed  in  his  efforts  to  establish  a  classical 
sclutol  in  Washington,  and  ai)plied  to  his  uncle,  Dud- 
ley Chase,  for  a  clerkship  in  the  departments  and  re- 
ceived this  reidy:  "I  once  procured  an  office  for  a 
nephew  of  mine,  and  he  was  ruined  by  it.  I  then  de- 
termined I  never  would  ask  for  another.    I  will  lend 


138 


LIFE  SKETCH  OF 


you  fifty  cents  with  which  to  buy  a  spade;  but  T  can- 
not help  you  to  a  clerkship," — Idem,  23. 

His  Ability-  as  a  Lawyer. 

He  was  eniiueully  successful  as  a  lawyer.  Wlien 
he  \N'as  elected  to  the  Senate  in  184J),  if  he  was  not  at 
the  head  of  the  bar,  he  assuredly  Avas  second  to  no 
member  of  his  profession  in  the  AN'est.  He  was  not 
gifted  as  an  orator;  his  utterance  Avas  somewhat  thick 
and  his  manner  lacked  in  grace;  but  he  was  a  skillful 
and  successful  advocate  all  the  same,  for  he  neA'er 
went  into  court  Avithout  thoroughly  knoAving  his 
case,  at  any  rate  as  thoroughly  as  it  Avas  ]>ossible  to 
know  it,  in  all  its  aspects,  legal  and  other.  It  aa'us 
his  habit  to  brief  his  adversary's  case  as  carefully  as 
his  own  In  all  important  causes.  From  an  early  pe- 
riod in  his  professional  career,  his  jmictice  was  con- 
fined to  the  Supreme  Court  of  the  State  iuid  of  the 
United  States."--Shucker's  Life,  p.  G13. 

Live  "Unspotted." 

At  a  social  gathering  during  tlie  Avar,  a  naA'al 
officer  present  said  he  had  a  little  i)ro]»(>rty  which  the 
tax  gatherers  had  not  \v\  spotted.  Turning  to  Uhase 
he  said:  "1  do  not  know  wlielher  T  ought  to  let 
tilings  go  that  way  or  not.  What  Avould  you  do 
about  it?''  The  vSecretary's  eyes  twiid^led  as  he  an- 
swered: "I  think  it  is  the  duty  of  every  man  to  liv(> 
'nnspot  led'  as  long  as  he  <'an."     Splinters. 


SALMON  PORTLAND  CHASE. 


139 


Democracy  Should  Protect  AW. 

"In  a  democracy,  which  recognizes  no  classes  and 
no  privileges,  every  man  must  be  protected  in  his 
just  rights,  or  no  man  can  be,  by  law."— Said  in  1845, 
in  accepting  a  testimonial  from  the  colored  people  of 
Cincinnati,  O.,  for  defending  Samuel  Watson,  a  fu- 
gitive slave. 

Lincoln's  Opinion. 

"Of  all  the  great  men  I  have  ever  known  Chase 
is  equal  to  about  one  and  half  of  the  best  of  them." — 
A.  Lincoln:     Shucker's  Life,  j).  488. 

Read  Law  With  Wirt. 

lie  read  law  with  William  Wirt  and  held  him  to 
be  a  hero. 


nis  Manner  and  Appearance. 

"Chase's  character  was  grave,  serious,  serene. 
lie  had  litth*  (u*  no  sense  of  humor,  and,  as  his  biog- 
raphers liave  said,  never  tohl  a  story  but  to  sjxdl  it. 
He  took  life  seriously  and  witli  a  certain  severity  of 
consciousness  which  to  many  seemed  excessive 
Puritanism,  lie  was  metho<lical,  systematic,  a  rigid 
diseiplimirian,  i)unctilious  in  regard  to  all  the  forms 
of  ofli«'ia1  and  social  intercourse,  and  he  exacted  of 
every  subordinate  tlie  same  loyalty  to  duty  and  the 


140 


UFE  SKETCH  OF 


I 


same  exactness  of  statement  which  he  himself  ren- 
dered as  a  matter  of  conscience  and  of  habit.  His 
personal  appearance  was  majestic  and  noble.  II is 
commanding  figure,  six  feet  two  inches  high,  was  ad- 
mirably proportioned.  His  head  was  massive;  his 
face  wore  an  impress  of  dignity  which  was  sometimes 
awful.  lie  lacked  the  magnetism  of  Henry  Clay  and 
the  god-like  majesty  of  Daniel  Webster;  but  none  who 
ever  saw  his  towering  form  moving  through  the  cor- 
ridors of  the  Treasury  Department  or  clad  in  the 
robes  of  the  Chief  Justice  can  ever  forget  the  almost 
oracular  appearance  which  inspired  the  veneration 
and  respect  of  those  who  looked  upon  his  figure  or 
heard  the  slow,  calm  utterances  of  his  voice.  He  was 
respected,  even  venerated,  but  he  was  never  popular 
in  the  sense  with  which  Americans  use  that  word. 
His  friends  were  devoted  to  his  fortunes,  but  they 
were  not  reckoned  as  Clay  and  Webster  reckoned 
theirs — by  hosts.  His  tastes  were  simple,  his  habits 
domestic,  and  his  private  and  public  character  stain- 
less."— Noah  Brooks'  "Men  of  x\.chievement,"p.  174. 


His  Will  Power. 

Demarest  Loj'd,  soon  after  the  death  of  the  Chief 
Justice,  wrote  in  the  Atlantic  Monthly:  "His  will  was 
his  great  power.  This  faculty  in  him  probably  more 
than  any  other  contributed  to  his  success.  It  was 
dominating  and  indomitable.  It  yielded  to  no  man 
and  to  no  force.    Its  persistency  was  measured  only 


SALMON  PORTLAND  CHASE. 


141 


by  the  length  of  the  task  to  be  accomplished,  and  its 
firmness  increased  with  the  weight  of  interest  that 
depended  upon  it;  and  while  it  no  doubt  shortened 
his  life,  it  again  prolonged  it.  All  through  these  ex- 
citing and  arduous  periods  he  held  himself  firmly  to 
his  post.  Then  came  the  first  shock  that  prostrated 
him,  and  first  set  the  term  beyond  which  he  could 
hardly  endure;  at  this  the  will  turned  to  repair  its 
own  ravages." 


142 


LIFE  SKETCH  OF 


JOSEPH  HODGES  CHOATE,  NEW  YORK. 
(1832 .) 

Jofseph  II.  Clioate,  one  of  the  loading  lawyers  of 
the  city  of  New  York  and  of  the  United  States,  is  a 
nephew  of  the  late  Rnfns  Choate,  the  most  eloquent 
lawyer  of  America  in  his  day.  Mr.  Choate  is  now  sixty- 
two  years  of  age,  having  been  born  in  Salem,  Massa- 
chusetts, January  24, 1832.  He  is  a  man  of  unusually 
fine  presence,  and  is  conspicuous  as  the  leading  jury 
lawyer  of  New  York.,  and  the  representiitive  trial 
lawyer  of  the  American  bar.  He  has  not  the  fire  and 
eloquence  of  some  other  men  that  might  be  men- 
tioned, such  as  William  A.  Beach,  Colonel  Ingersoll, 
or  Bourke  Cochran.  On  the  contrary,  he  always 
holds  himself  under  perfect  control,  and  is  especially 
noticeable  for  the  keenness  of  his  satire  and  the  qual- 
ity of  his  humor.  He  carries  great  weight  with  juries, 
and  no  man  is  more  successful  in  wresting  ver- 
dicts from  them  than  he.  He  is  also  very  able  before 
the  courts  in  banc,  and  has  been  counsel  in  many  of 
the  most  important  litigations  of  the  day.  His 
career  has  been  one  of  uninterrupted  success.     With 


JOSEPH  HODGES  CHOATE.  143 

the  possible  excejition  of  James  t'.  Carter,  he  has  no 
superior  as  a  general  practitioner.     Ills  clientaj^e  is 
very  larjjfe,  and  he  is  emi^ojed,  on  one  side  or  the 
other,  of  the  most  important  cases.     Ills  fees  as  coun- 
sel are  said  to  amount  to  not  less  than  |S0,000  per 
year.     He  has  never  (iccupied  public  office,  although 
he  could,  no  doubt,  during  the  Republican  adminis- 
trations, have  been  promoted  to  high  jwsition  on  the 
bench.     He  was  elected  in  the  fall  of  1893  to  the  Con^ 
stitutional  Commission,  of  which  he  was  chairman, 
and  took  a  leading  part  in  the  important  debates  had 
in  that  body.     He  was  for  nniny  years  associated  with 
William  M.  Evarts,  and  is  now  the  head  of  the  firm, 
since  that  eminent  hiwyer  has  substantially  retired 
from  practice.     The  firm  name  is  still,  as  it  has  been 
for  many  years,  Evarts,  Choate  aiul  Reanian.     Mr. 
Choate  is  a  graduate  of  Ifarvard,  is  a  fine  general 
schcdar,  and  has  long  been  in  the  front  rank  of  excel- 
lence as  an  after-dinner  speaker. 


Not  Enough  of  Him  to  Go  Around. 

"It  would  be  a  consideralde  relief  to  an  earnest 
and  deserving  metropolitan  community  if  one  or  two 


144 


LIFE  SKETCH  OF 


new  duplicate  editions  could  be  issued  of  the  TTon. 
Joseph  Choate.  There  seems  not  to  be  euou}i;h  of  Mr. 
Choate  to  go  around.  It  is  not  pretended  that  he  has 
lost  any  of  his  strength  or  savor,  or  that  a  little  of  him 
will  not  go  quite  as  far  as  formerly.  There  is  no 
trouble  about  the  individual  at  all.  The  prevailing 
scarcit}'  of  him  is  not  due  to  any  failure  of  the  sui)ply, 
but  merely  to  an  incren  d  demand.  It  has  come  to 
pass  when  if  anything  is  afoot  that  calls  for  an  ex- 
ceptional combination  of  readiness  of  wit,  sagacity, 
gumption,  discernment,  and  knowledge,  a  flavor  of 
Choate  is  considere<l  all  but  indispensable." — New 
York  Daily  paper,  upon  the  occasion  of  Mr.  Choate's 
being  sought  by  the  Lexow  committee  as  counsel. 

Law. 

"Law  is  the  expression  and  the  perfection  of 
common  sense."— Extract  from  Address  on  the  Death 
of  Chief  Justice  Waite,  at  meeting  of  New  York  Bar, 

1888. 

The  Representative  Lawyer  of  the  American  Bar. 

"He  is  admittedly  the  representative  trial  lawyer 
of  the  American  bar,  Avhose  fees  as  counsel  anuiunt 
to  not  less  than  |80,000  per  year."— November,  1803, 
American  Lawyer. 

Five  Hundred  Dollars  for  (loing  into  Court. 

It  is  said  that  Mr.  Choate  will  not  go  into  court  for 
less  than  $500,  no  matter  how  small  the  fraction  of  a 
day  consumed. 


RVFUS  CtrOATE. 


145 


RIJFUS  (MIOATE,  MAWSACIIHSETTS. 
(1799-1S50.) 

Perhaps  tlio  pfrcalosf,  ccrtainlv  tli«'  most  rliarac- 
teristic,  of  Anierican  advocatos.  liorii  in  Ipswich, 
now  Essex,  Massachusetts,  October  1,  1790;  died  July 
13,  1850,  ap'd  fifty-nine.  (Jraduated  at  Dartmouth 
at  twenty.  Studied  law  with  Wirt  and  others.  Ad- 
mitted to  the  bar  in  Massachusetts  al  twenty-four. 
Practiced  in  South  Danvers  and  Salem.  In  1825, 
married.  Prosecuted  the  Knapp  case  at  thirty-one; 
elected  to  Congress  at  thirty-two;  re-elected  at  thirty- 
four,  but  resigned  and  moved  to  Boston.  Served  out 
Mr.  Webster's  unexpired  term  in  the  Senate  at  forty- 
two.  In  184(J  argued  before  the  United  States  Su- 
preme Court  the  Khode  Island  and  Massachusetts 
boundary  case  and  made  his  surprising  and  successful 
defense  (►f  Tirrell  for  murder.  Declined  a  United 
States  Supreme  Court  judgeship  in  1851.  In  1857 
argued  the  Dalton  divorce  case. 

His  greatest  fee  was  |2,500,  and  his  largest  year- 
ly income  $23,000.  He  was  a  great  master  of  English 
speech,  his  vocabulary    consisting  of  11,603  words. 


146 


LIFE  SKETCH  OF 


AVas  also  a  fine  Latiu,  Greek,  Germau  and  French 
scholar,  and  a  unique,  brilliant,  fascinating  and  inde- 
scribable orator.  AN'hoever  tried  to  break  the  chain 
of  his  lo<;ical,  graceful  imagery  was  sure  to  find 
links  of  steel  beneath  the  garland  of  flowers.  "He 
had  reason  impelled  by  passion,  sustained  by  legal 
learning,  and  adorned  by  fancy,"  says  Webster.  Of 
his  iiolitieal  and  Fourth  of  July  orations,  his  speeches 
in  Congress,  his  lectures  and  occasional  addresses, — 
even  of  his  intense  and  earnest  patriotism  and  pride 
of  being  an  American,  still  less  of  his  beautiful  priv- 
ate life  and  character,  nothing  can  here  be  said.  He 
occupies  a  unique  position,  won  by  his  powerful  and 
peculiar  genius.  That  Avhich  pre-eminently  distin- 
guished him  was  his  tendency  and  power  to  idealize 
his  clients  and  their  cause.  If  in  the  sheer  force  of 
his  understanding  Webster  was  greater,  he  had  no 
share  in  those  graceful  qualities  of  mind  and  art 
which  Choate  so  conspicuously  displayed;  while  as 
an  acute  and  subtle  dialectician,  Webster  nor  any 
other  ever  ap])roa('hed  him. 


A'UF[/S  C  HO  ATE. 


147 


Joiued  to  No  Party. 

"We  join  onrsolvcs  to  no  party  that  does  not 
carry  the  flaji  and  keep  step  to  the  music  of  the 
Union."-  Letter  to  the  Whijj;  reinvention. 

(I littering  (Jeneralities. 

"Its  constitution  the  j^litterinj;  and  sounding 
generalities  of  natural  right  wiiich  nialie  up  the  De- 
claration (tf  Independence."— Letter  to  Maine  Whig 
(Committee,  1S.5(). 

Devotion  to  Woman. 

"With  our  sisters  of  the  Itepublic,  less  or  more, 
we  would  live  and  we  would  die — 'one  hope,  one  lot, 
one  life,  one  glory.'  " 

W(uuan's  Frown. 

"Woman's  frown  ciin  disappoint  the  proudest 
aim." 

His  Egotism. 

"If  I  live,  all  blockheads  which  are  shaken  at 
certain  mental  peculiarities  shall  know  and  feel  a 
reasoner,  a  lawyer  and  a  man  of  business." — From 
Journal  of  Readings  and  Actions,  1844. 

The  State. 

"The  grandest  of  the  works  of  man,  grander  than 
the  pyrannds,  or  Iliads,  or  systems  of  the  stars,  is  tlie 
State." 


1-18 


LIFE  SKETCir  OF 


IJiiike,  the  Fourlli  Eiij^lishiiiiiii. 

"Miiwl  lliiil  I'lirkc  is  (he  fcmrtli  l']ii<;lis'mnan — 
Shakt'spcaro,  IJacoii,  Aliltou,  Hurkc,  No  I']ii<j,lisliniau 
or  (•oiiiitryinaii  of  ours  lias  (lie  least  apprecialioii  of 
liiirkc.  Out  of  Hiirkc  lui^lil  IxmuI  lifly  Mackiutoslics, 
175  Aracaulcys,  40  Jeffreys  and  2.10  Sir  IJobert  Peels, 
and  leave  liini  greater  than  Till  and  Fox  too<.tli('i'." 
— From  a  Tii^tter  t(>  Cliarles  Sninn<'r,  probably  in  1S44. 

Netitralily. 

"Neutrality  in  any  sliarj)  civil  dissension  is  cow- 
ardly, immoral  and  disrepuiabl<\" 

Natnrallv. 

"We  do  notliinji'  naturally.  Naturally  a  man 
would  walk  down  \Vasliin^ton  street  with  his  panta- 
loons off." — Said  lo  o])]>osinjf  counsel  who  sai<l  pris- 
oner's actions  wei'e  not  natural. 


"The  Most  FhMiuenI  of  ( >ur  .Jurists  and  th<'  (irealest 
Jurist  of  our  Orators," 

"Hufus  Choate  was  all  iiupelm)sily,  I'ourin^  out 
torrents  of  e\(|uisite  Ihouj^ht  <ind  brilliant  lan<;uaf;e 
in  utter  disregard  of  the  lenj^th  of  his  sentences  (U-  tiie 
vidu-mence  (d'  his  j>('sticulati(ui.  One  mi^ht  say  of 
him  as  Cicero  said  «d'  Scaevcda,  'Jui-is  ]>eritorum  ele- 
<iuentissiuius,   ehxiuenlium,   jurispeiitissimus.'     (lie 

was  certainly  the  most   ehxiiuMit   of  our  jurists  and 
the  great!  est  jurist  of  oui'  orat<U's.") — K.  ( '.  Winthrop. 


KUFUS  C  HO  ATE.  149 

Method  (»f  Lt'-^jil  Study. 

"I  iiiii  jildc  to  tind  one  or  *\vo  limirs  a  day  for  lo- 
j^al  I'cadiii;;-,  beyond  aini  Ix'side  cases  already  und<'r 
investi>;atioii.  I  have  ad<»i»ted  the  plan  (d'  takiiij;'  a 
volume  of  Massarliiiselts  IJepoi'ts  and  of  iitakiuiL;'  a 
full  brief  of  my  ar^^ument  on  eveiy  (|neslioii  in  every 
ease,  e.xaniinin;^'  all  the  an(  horities,  aud  carefully 
<'(nn])osiii_n  an  arj;nnient,  as  well  i-easoned,  as  well 
expressed,  as  if  I  were  j;oin<;'  tomoi-row  to  submit  it 
to  a  bench  of  the  lirst  jurists  (;ind  the  plan  was  car- 
ried down  to  the  end  <d'  his  life).  At  the  completion 
of  each  ar};ument  I  ari'an";('  the  propositions  investi- 
gated in  my  leinal  Common  I'lace  bu»d<  and  index 
them.  In  preparinj;  the  l>rief  law,  lo^ic  and  elo- 
(pu'iice  must  be  studied  and  blended  tojicther."  I'^i-oni 
fFoui'ual  of  IJeadinus  and  Actions,  IS^;*,. 

The  Lawyer's  N'acation. 

He  said  he  was  ^oinji'  to  write  a  book.  \\'hen 
aske(l  upon  what  subject  it  was  to  be,  said:  "I've 
;i<d  as  far  as  the  title  jia^eaml  a  motto.  The  subject 
is  'The  bawy<'i''s  \'acation,'  and  the  nmtto  1  have  foi'- 
jiolten.  I»ut  1  shall  show  that  the  lawyer's  vacation 
is  the  spa<  ('  between  the  (|uestion  put  to  a  witness 
and  his  answer." 

Opinion  of  Webster. 

"Had  reason,  imitelled  by  ]>assion,  sustained  by 
b'^al  learning;  and  adorned  by  fancy." — Dauiel  Web- 
ster. 


150 


LIFE  SKKTC.n  OF 


Kofuscd  I*(»sih'(ui  on  Sii]»i'('im('  Boiich. 

f'lioatc  WHS  (»lTer<Ml  an  Associate  JiisCiccsliip  on 
the  United  ^States  Snitrcnio  lictuli  in  isr>l,  bnt  de- 
clined the  honor. — IIaiv<'y's  Rem.,  p.  2.'{.">. 

Flaslied  a  Heniai-k  rpon  Yo\i. 

"In  a  niinnte's  eonveisati(»n  he  condensed  what 
conhl  have  been  (d)tained  from  no  other  celehiilies 
,of  lioston  in  an  Innii's  disconrse.  Ih'  ai)i»eared, 
flaslied  on  you  a  remark,  and  tiien  <lisai»i»eared  to  his 
work.  Yet  more  persons  knew  him  an<l  talked  abont 
him  than  knew  or  talked  abont  any  other  eminent 
Bostonian."--E.  ('.  Whipple,  "Recollections  of  Emi- 
nent Men,"  p.  2«;. 

riioate  an<l   IMnkney. 

"Choate  is  the  only  American  who  has  (Mjuali'd 
Pinkney  as  a  lawyer  and  an  advocate,  and  he  sur- 
passes him.  In  the  i)ast  it  was  askod  how  near  Piidi- 
ney  is  he?  In  the  futni'e  it  will  be  'How  near 
Choate?'  "'—Daniel  Webster. 

The  (Jreat  Thinj?s  in  Nature. 

"Nature  herself  will  have  no  fj;reat  Ihinjis  hastily 
formed;  in  the  direct  path  to  all  beautiful  and  con- 
spicuous achievements  she  heafts  up  difliculty;  to  the 
larjj;est  animal  she  app(»ints  the  lon<^est  sleep  in  the 
parent  womb." — From  His  Journal  of  Readin<i,s  and 
Actions, 


oil 


NUfUS  CI/0  ATE. 


His  Iiicorno. 


151 


While  in  pai'tncrship  with  his  son-iii-luAV,  Avho 
(lid  the  mechaincal  work,  for  ten  years,  his  average 
annual  income  was  |L'l,0<*'N  in*<l  <">t*  y^'*^^  reached  as 
high  as  123,000.  Tlie  most  he  ever  rereived  for  one 
ease  was  12,500. 

Proving  a  Negative. 

A  vessel  insured  was  prohihited  to  go  noi'tli  of 
the  Okhotsk  sea.  Within  a  year — the  length  of  the 
policy — she  was  burned  north  of  the  sea  i)roper,  but 
south  of  some  of  the  sea's  gulfs.  Defendant  set  up, 
no  loss  within  the  policy.  On  the  way  to  tlie  court- 
house Clioate  said,  in  answer  to  his  associate's  anx- 
ieties as  to  how  tliey  couhl  win,  as  tliey  were  for 
})laintifl',  ''Wliy  sliould  we  prove  we  were  not  north  of 
that  sea;  why  not  let  them  prove  that  we  were?"  The 
mate  Avas  put  on  to  prove  the  burning  at  a  certain 
time  within  the  year.  No  cross-examination  fol- 
lowed, and  the  plaintilf  rested.  The  defendant  was 
dumbfounded.  Had  no  witnesses  ready.  They  ex- 
pected plaintiff  would  consume  two  days.  The  case 
lasted  one  hour  and  Ohoate  won. — Keed's  "Conduct 
of  Litigation,"  p.  1.50. 

Carry  the  Jury  at  All  Hazards. 

"Carry  the  jury  at  all  hazards;  move  heaven  and 
earth  to  carry  the  jury,  and  tlnni  figlit  il  out  with  the 
judges  on  the  law  questions  as  best  you  can." — 
ftlathews,  "Getting  On,  oic.,""  p.  74. 


152 


LIFE  SKETCH  OF 


Personal  Appearance. 

"About  six  feet  in  height  with  a  powerful  chest 
and  shoulders,  a  i;iant  frame,  Inige  hands  and  feet; 
a  rolling,  lumbering  sort  of  gait;  a  bilious,  coffee- 
colored  comi)iexion;  his  face  deepl}'  corrugated  with 
profound  wrinkles  and  hollows,  and  seamed  with 
powerful  lines;  his  head  deep  rather  than  wide,  and 
completely  covered  Avith  luxuriant  black  curly  hair, 
scarcely  tinged  with  gray  at  the  day  of  Ids  death; 
moutli  large,  and  lips  thin  and  trcnndous;  his  eyes 
large,  deep  set  and  black,  with  a  weird,  far-away  ex- 
pression in  quiet,  but  a  terrible  burning  intensity  in 
excitement;  a  face  noticeable  in  a  throng  of  a  thous- 
and, Avith  intellect  looking  out  at  every  iK)int;  a 
most  haggard,  woe-begone,  fortune-telling  counte- 
nance; his  pers(»n  arrayed  in  slouching,  ill-fitting  gar- 
ments, including  always  several  coats  of  various  and 
indescribable  hues,  which  he  doffed  or  donned  in  the 
pro^-fvss  of  a  cause  according  to  the  ann>unt  of  per- 
spiration which  he  was  secreting,  and  a  cravat  which 
has  been  said  to  meet  in  an  indescribable  tie,  which 
seems  like  a  fortuitous  concurrence  of  original 
atoms."— Irving  Browne's  "Short  Studies  of  (Sreat 
Lawyers,"  pp.  301-2. 


Decliiiie<l  a  Massachusetts  Supremo  .Tudgcship. 

In  184il  he  was  tendered  a  Massachus<'l(s  Su- 
preme Judgeship,  bu(  declined. -Ciioalo's  Life,  by 
JJrown,  p.  188, 


RUFUS    C HO  ATE. 


153 


Manner  Before  a  Juiy. 

"■^^'hen  ixldressiiig  a  jury  liis  whole  frame  was 
eliar<;(Ml  with  ele.  tricity,  and  literally  qviivere«l  with 
emotion.  The  jterspiralion  stood  in  lroj)s  even  uimmi 
Hio  hairs  of  Jiis  liea<l;  and  lie  I'cmindcd  oin  of  tlie 
pytlioness  n[»on  her  trijtod.  Sometimes  he  was  so 
mneh  raeked  and  exhausted  by  a  f(»n'nsic  si)eech  that 
he  could  hai'dly  staj^ji'er,  without  aid,  to  his  carriage; 
and  often,  thou<;h  he  had  an  iron  frame,  he  would  he 
tormented  with  sick  headache,  to  which  he  was  all 
his  days  a  martyr,  for  several  days  afterward." — 
Mathews,  "Oratory  and  Orators,"  j*.  IJtlT-S. 


Livin<j  On  the  Hy-Laws. 

lie  labored  incessantly  witlntut  ri-^ard  to  his 
physical  constitution.  When  blamed  for  thus  en- 
dangerin<^'  his  constitution,  ho  answered:  "(lood 
heavens,  my  dear  fellow!  my  constitution  was  all 
gone  years  a^o,  and  I'm  living  on  the  ]»ydaws." — 
Mathews'  (Jetting  on  in  the  World,  p.  2(15. 


lirin^f  on  the  Next — The  liaptist   Minister  ('omj)ari- 

son. 

"I  sometimes  feel,"  lu'  I'enuirked  to  a  leji^al  friend, 
"when  a  case  has  ^;»ne  against  me,  like  the  Maptist 
minister  who  was  baptising  in  winter  a  crowd  of  cou- 
vei-ts  throu*>h  a  larji,('  lndejn  the  ice.  One  bi'ojher  — 
J(»nes,  I  thiidv — disa|»|><'ared  after  immersion  and  di<l 
not  reappear;  i>r(d»ably  drifted  ti'U  oi'  tifte<'n  feet  fronj 


ir.4 


///•■/•;  SKETCn  OF 


the  liolc,  and  was  vainly  <;aspinj;'  nn(]<'i-  lee  as  many 
inches  tliiclv.  Aft<'i'  pausinj*-  a  few  minutes,  the  min- 
ister said:  'lU'other  Jones  lias  evidently  gone  to  king- 
dom come;  Itring  on  the  next.'  Now,  1  am  not  unfeel- 
ing, hut  after  all  has  been  done  for  a  client  that  I 
can  do — and  I  never  spare  myself  in  advancing 
his  legal  rights — the  only  thing  left  foi'  me  is  to  dis- 
miss the  case  from  my  mind,  and  to  say  with  my  Bap- 
tist brother,  'Hring  on  the  next.'  " — Whipple's  "Kecol- 
lections  of  Eminent  Men,"  p.  57. 


A  Suggestive  Diction. 

"You  d(ui't  want  a  dicti..n  gathered  from  the 
newsi>a])ers,  caught  from  th j  air,  common  and  un- 
suggestive;  luit  you  want  one  whose  every  wor<l  is 
full-freighted  with  sugg(^stion,  with  beauty  and 
power."  -Said  by  Choate. 


S/R  EDU'AKD    CLARKE. 


155 


my 
in- 

'('1- 
t  I 


SIR  EDWARD  CLARKE,  ENGLAND. 

(1841 .) 

Liilo  Solicitor  (Jciicral   of  l''n<;l;ni<l,  Ji  ])nsitioti 
wliicli  ])ays  a  snlni'v  of  f.'?0,000.     llo  was  born    in 
Cheapsido,  London,  in  1841.     lie  is  tho  son  of  a  jew- 
eler,    bocanie    a      student      of     Lincoln's      Inn     at 
twenty    and    was    called    to    the    bar    at    twenty- 
three.     IJere    he    had    a    hard    strnfijile    and    de- 
termined    to     abandon     the    bar,    but     an     oppor- 
tunity opened.     He  is  strictly  a  self-r/iade  man.     Was 
made  (Queen's  counsel  in  1880,  and  two  ye  rs  later  a 
bencher  of  his  inn;  elected  a  Conservative  member  of 
Pai'liament  for  Southwark  a  few  weeks  before  the 
dissolution  of  1880;  made  Solicitor  General  in  188G, 
and  received  the  honor  of  Kni<;htliood;  was  elected 
to  Parliament  for  Plymouth  in  1885,  which  he  still 
represents  in  tlu'  House  of  Commons. 

His  first  ])rofessional  success  was  made  in  1877 
in  the  Penge  Mystery,  in  defense  of  Patrick  Staunton. 
Other  noted  cases  are:  Tlie  defense  of  tlu'  only  one 
cleared  of  the  "l-'ive  Detectives,"  for  conspiracy  and 
fraud;  Reg.  v.  Hartlett  in  188<;,  successfully  defend- 


156 


LIFE  SKETCH  OF 


ill};  Mrs.  Biirth'tt  f(»r  (he  alleged  chloiMtfonniiij^  of  \wv 
liusbaiid;  Allcai'd  v.  Skimicr  (liiiw  l\('|t(»rls,  .'{<»  (Mian- 
<'ory  Division,  115)  in  llic  siicci'ssfnl  dcrmsi'  (»f  Mi's. 
Skinnt'i',  ciiarjicd  willi  unduly  inflncncinj;'  liic  dis|)o- 
Hition  of  plaintilT's  jn'opcrty,  in  wliicli  (lie  jnd^nn'nl 
and  Ml",  (Marlvo's  spctn-h  (bi'inji;  i»i'int(Ml  scparalcdy), 
form  a  nionouraph  on  ilic  niodcin  law  of  "nndn(^  in- 
fluence;" tlie  (h'fense  (»f  I.ord  Salisltnry  in  the  libel 
snit  recently  bron^ilit  by  ()'r.rien,  nienibei*  of  Par- 
liament. 

lie  is  the  author  of  the  standard  treatise  on  the 
Jaw  of  Extradition;  is  one  of  the  most  brilliant  law- 
yers in  I'arliament,  and  in  rect'nt  years  has  been  »»ne 
of  the  most  successful  verdict  j^ctters  at  the  English 
bar.  lie  is  one  (»f  the  j^reat  coinm(»n  law  lawyers  of 
that  kinji'dom,  and  is  pei'haps  the  only  counsel  who 
can  face  Sir  Charles  Kussell  with  success.  Like  Sir 
Kichard  ^^^'bster,  he  has  a  tine  musical  taste.  Is  im- 
perturbable in  demeanor,  trenchant  in  style,  elTeclive 
in  delivery  and  endowed  with  a  j^enius  for  [)atient 
t'll'ort,  I 


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SIN  EDWARD   CLAKKR. 


157 


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LmIc  Siiliiry  iind  F('<'s. 

Mr.  (Inrkc  was  Inlc  S<»li(lti)r  (liMicial  of  Eng- 
land, a  posifidii  wliicli  pays  ammally  !i?:>0,()(M),  besides 
as  much  inon' appioximalely  In  fees. 

Coui-lcoiis. 

The  late  SolicHor  (Icnri-al  is  a  v<'i'y  courlcoiiH 
j;<'iitl('iiian.  A  <;«'iillt'niaii  of  ( 'iiiciimati,  Ohio,  related 
to  the  author  a  litth'  eli'<Miiiislaiice-  a  ph-asant  re- 
inenihi'ance  of  Mr.  riarke.  lie  said  that  he  and  a 
friend  wei'e  in  Ii(»n(h»n,  dehatinj;'  how  they  shouhl 
{^•et  throuj^ii  the  Houses  of  Parliament,  when  a  genth*- 
nian  approaclied  them,  seeing  they  <'vi(h'ntly  were 
strangers,  and  kindly  took  them  thi-ough  both  Houses 
of  Parliament,  spent  murh  lime  with  them,  and  wlu'u 
they  had  made  the  rounds  insisted,  an<l  would  have 
it  no  other  way,  that  they  go  with  him  and  have  din- 
iwr,  which  he  jiaid  for,  and  made  tlu'in  entirely  at 
ease  every  minnt  ,hile  they  were  with  him.  The 
gentleman,  although  an  entile  stranger  t(t  them,  was 
the  late  Solicitor  <}eneral  of  England. 


158 


LIFE  SKETCH  OF 


IlENKY  CLAY,  KENTl'CKY. 
(1777-1852.) 

"The  Great  Pacitieator."  Stands  pre-oininent  as 
Aiuei'iea's  most  (•(nisiiimiiate  i>ai'liaiiieulary  orator. 
Born  April  12, 1777,  in  the"Slas]ies,"  Hanover  county, 
Mrgiuia;  died  in  Wasl»in;.;t(»n,  June  21>,  1852,  a^^ed 
seventv-tive.  Was  one  of  seven  rjiildrcn  of  an  iin- 
pecunions  Baptist  minister,  who  died  wlien  tlie  son 
Avas  fonr.  Tliree  years  in  a  floorless,  windowless,  h){^ 
school  house,  a  year  in  a  grocery  at  four- 
teen, fonr  years  copyin};  and  law-reading  with 
Chancellor  \Vythe  (with  whom  had  read  Jef- 
ferson and  Marshall),  a  year  in  Kobert  Brooke's 
office,  the  Attorney  (leneral,  make  np  his  yonthfnl 
education.  Settled  in  Lexington,  Kentucky,  at 
twenty.  Became  famous  as  a  criminal  lawyer,  cleai'- 
ing,  among  others,  Aaron  Burr.  Was  first  to  make 
use  of  "temiH)rary  delirium"  as  ground  of  defense. 

It  is  said:  "No  murderer  (h'fcndcd  l»y  him  was 
ever  sentenced  to  death,  and  every  criminal's  life  en- 
trusted to  his  care  was  insui-ed,  whatever  the  degree 
v>f    his    guilt."     Upon    entering    the    Tnited  States 


HENRY  CLAY.  159 

St'iuitc,  nearly  four  months  before  thirty,  his 
clients  gave  him  |.'{,()00  to  attend  their  cases 
in  the  United  States  Supreme  Court.  John 
Quiucy  Adams  ottered  him  a  position  upon 
the  Supreme  Bench,  l)ut  he  declined  it. 
Stands  in  the  traditions  of  the  House  as  its  ;;reatest 
Speaker,  where  durin<^  fourteen  years  no  decision  of 
his  was  ever  reversed.  "Sh<>d  unfadin;;,  honors  upon 
the  DepartnuMit  of  State,"  said  Adams.  "His  leav- 
ing Congress  in  1S42,"  wi-ote  Crittenden,  "was  some- 
thing  like  the  soul's  quitting  the  body."  Fought  two 
duels.  Five  times  aspii-ed  to  the  Presidency.  "Was 
a  strong  leader,  but  n*»t  a  s:ife  guide.  His  imagina- 
tion f refluent ly  ran  away  with  his  understanding. 
Surpassed  all  contemporaries,  except  Jackson,  as  a 
party  leader,"  says  Schui'z. 

Was  six  feet  one  in  stature,  erect  and  comnmnd- 
ing,  with  high  forehead,  i)romineiit  nose,  blue  eyes, 
large  nn)uth  and  a  |)owerful  melodicuis  voice.  As  a 
si>eak"c,  was  magnetic  and  enchautiug.  His  periods 
glitterc  I  "like  [»nlished  lances  in  a  sunny  forest." 


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160 


LIFE  SKETCH  OF 


Paper  Money.  '. 

"If  there  be  in  rej^ard  to  currency  one  trutl»,  which 
the  united  experience  of  the  whoh^  commercial  worUl 
has  established,  I  had  supposed  it  to  be  that  emis- 
sions of  paper  money  constituted  the  very  worst  of 
all  conceivable  species  of  currency." 

Tilt  With  (Calhoun. 

"The  honorable  Senator  if r<mi  South  ('arolina 
(Calhoun)  says  that  I  was  flat  on  my  back,  and  he 
wrote  home  to  his  friends  in  South  ('arolina  half  a 
dozen  letters,  stating  that  I  was  flat  on  my  back  and 
couldn't  move.  Admirable  evidence  this  in  a  court 
of  law!  First,  make  an  assertion,  then  quote  your 
own  letter^  to  prove  it!  But  the  honorable  Senator 
says  he  was  my  master  on  that  occasion!  He  my 
master!  He  my  master!  HE  my  master!  Sir,  I 
would  not  own  him  for  my  slave!  The  Senator  from 
South  (.'arolina  further  declares  that  I  was  not  only 
flat  on  my  back,  but  that  another  Senator  (Mr.  Web- 
ster) and  the  President  had  robbed  me  of  my  strength. 
Why,  sir;  I  gloried  in  my  strength.  Flat  on  my  back, 
as  the  Senator  says  I  was,  he  was  indebted  to  me  for 
that  measure  which  relieved  him  of  the  difficulties 
[Jackson's  threats  to  arrest  and  hang  him]  by  which 
he  was  surrounded.  Flat  as  I  was,  I  was  able  to 
carry  that  compnmiise  through  the  Senate  in  oppo- 
sition to  the  gentleman  (Mr.  Webster)  who,  the  gen- 
tleman from  South  Carolina  said,  had  supplanted  me, 
and  against  his  opposition."    (Here  Mr.  Calhoun  in- 


HENRY  CLAY. 


161 


terrupted,  taunting  Clay  with  tlie  failure  to  obtain 
the  Presidential  nomination  in  1839.)  "As  for  me, 
Mr.  President,"  continued  Mr.  Clay,  "my  sands  are 
nearly  run,  i)hyslc'ully,  and,  if  you  please,  politically 
also;  but  I  shall  soon  retire  from  the  arena  of  public 
strife,  and  when  I  d)  so  withdraw  mvself  it  will  be 
with  the  delightful  consciousness  of  having  served 
the  best  interests  of  my  country,  a  consciousness  of 
which  the  honorable  Senator  from  South  Carolina, 
(pointing  and  shaking  his  finger  at  Calhoun),  with  all 
his  i)resuniptuousness,  will  never  be  able  to  deprive 
me."— U.  S.  Senate,  1810:  "Oratory  and  Orators," 
pp.  311-15. 

Rather  be  Uight  than  President. 

"I  would  rather  be  right  than  Piesident." — Said 
by  Clay  when  asked  in  1811  to  favor  the  annexation 
of  Texas. 

Tlie  Inscrii)tion  on  Clay's  Statue. 

A  curious  thing  about  the  Clay  statue  is  the  in- 
scription on  the  base,  which  reads:  "If  I  could  be 
instrumental  in  eradicating  tliis  deepest  stain,  slav- 
ery, froM  the  character  of  our  countrv  I  Avould  not 
''xchauge  the  proud  satisfaction  Avhicli  I  should  en- 
joy f(U'  the  honor  of  all  the  triumphs  ever  decreed  to 
the  most  successful  con(]ueror."  The  selection  of 
the  quotation  seems  all  the  more  strange  when  it  is 
liuowu  tliat  the  collection  of  funds  to  build  tlie  monu- 
ment began  in  1851),  and  the  work  was  completed  and 


162 


LIFE  SKETCH  OF 


dedicated  with  great  public  ceremony  in  1860,  on  the 
very  eve  of  the  war.  The  statue  of  General  Jackson, 
which  stands  in  another  part  of  New  Orleans,  has  in- 
scribed upon  its  base:  "The  Union  must  and  shall 
be  preserved." 

Taking  Snuff  With  the  U.  S.  Supreme  Court  While 

Arguing  a  Case. 

When  Clay  was  Speaker  of  the  House  of  Repre- 
sentatives he  made  his  first  appearance  in  the  United 
States  Supreme  Court  in  the  case  of  Virginia  v^  Ken- 
tucky. When  he  rose  he  was  somewhat  agitated; 
but  he  soon  recovered  his  composure.  The  judges 
sat  sedate  and  attentive.  Judge  Washington,  who 
was  in  the  habit  of  taking  an  occasional  pinch  of 
snuff,  took  out  his  snuff-box,  and  Mr.  Clay,  on  observ- 
ing it,  instantly  slopped,  and,  advancing  gracefully 
to  the  bench,  participated  with  the  judge  in  the  re- 
freshment of  his  nasal  organs,  remarking,  "I  observe 
that  your  honor  sticks  to  the  Scotch,"  and  immedi- 
ately resumed  his  argument.  Judge  S.,  who  related 
the  incident,  said  he  did  not  believe  there  was  a  man 
in  the  United  States  who  could  have  done  that  but 
Henry  Clay. 

rossossed  the  Art  of  Pleasing. 

"No  man  in  American  history  has  possessed  in 
greater  measure  the  gift  and  the  airt  of  pleasing  than 
did  Henry  C'lny.  Over  his  followers  he  exercised,  not 
merely  control,  but  fascination.     They  were  ready  to 


HENRY  CLAY. 


168 


do  anything;'  to  st'cure  his  triuinith;  they  wore  over- 
wlielmcd  with  j-iief  at  his  dofoat."— Ency.  Brit.  Sup. 
art.  Clay. 

His  Maiiuor  in  Si)eaking. 

"lie  gesticuhitod  all  over.  As  he  spoke  he 
stepped  forward  and  backward,  with  elTect,  and  the 
nodding  of  his  head,  hung  on  a  long  neck,  his  arms, 
hands,  tingers,  feet,  and  even  his  spectacles  and  blue 
handkerchief,  aided  him  in  debate."— Mathews,  "Ora 
tory  and  Orators,"  p.  312. 

"lie  was  proud,  princely,  distant  and  dignified." 
—Holland. 

Would  Not  Speak  to  Burr  Nine  Years  After  Defend- 
ing Him. 
"Defended  Aaron  Burr  in  the  United  States  Dis- 
trict Court  in  Kentucky  for  treason,  and  cleared  him; 
but  a;>erwards  met  him  in  New  York -nine  years 
later— and,  tinding  that  he  had  been  deceived,  Clay 
refused  to  shake  hands  with  him."— Schurz's  Life  of 
Clay,  p.  36. 

Remembered  a  Juror  Twenty-One  Years  After  the 

Trial. 

While   on   a   political   to  i    in   Mississippi   he 

stopped    at   Clinton,    when    an   eccentric    old   man 

stepped  forward  and  said,  "Don't  introduce  me;  I 

want  to  see  if  Mr.  Clay  will  know  me."    "Where  did 


164 


LIFE  SKETCH  OF 


I  know  you?"  said  Cla}'.  "In  Kentucky.*'  "HaTC 
you  lost  that  eye  since  I  saw  you,  or  had  you  lost  it 
before?"  "Since."  "Then  turn  the  sound  side  ^of 
3-our  face  to  nie,  that  I  may  get  a  protile.  I  have  it. 
Did  you  give  me  a  verdict  us  juror  at  Frankfort,  Ken- 
tucky, in  the  great  case  of  the  United  States  against 
Innes,  twenty-one  years  ago?"  "I  did!  I  did!"  said 
the  overjoyed  man.  "And  is  not  your  name  llard- 
wicke?"  said  Mr.  Clay.  "It  is,  it  is,"  rei»lied  Dr.  Hard- 
wicke,  bursting  into  tears.  "Did  I  not  tell  you  great 
men    never    forget    faces,"    exclaimed    the  gratified 

doctor. 

Dailv  Practiced  Kea<lin';. 

t.  ■ 

"I  OAve  my  success  in  life  to  one  single  fact, 
namely:  That  at  an  early  age  I  commenced,  and  con- 
tinued for  some  years,  the  pi'actice  of  daily  reading 
and  speaking  the  contents  of  s»nuc  historical  and 
scientific  book.  Tbcse  off-hand  efforts  were  some- 
times made  in  a  cornfield;  at  others  in  the  forest; 
and  not  unfrequently  in  some  distant  barn,  with  the 
horse  and  ox  for  my  only  auditors.  It  is  to  this  that 
I  am  indebted  for  the  impulses  that  have  shaped  my 
entire  destiuv.''     Said  to  a  riass  of  Law  Students. 


(Jeneral  W.  T.  Sherman  on  Clay. 

"1  shall   nevi  r  forget    tlu'  inipres^iui    thjit   Mr. 
Cliiy  made  on  meoiuc  wlicii  I  heard  him  speak  befori» 
the  Senate.     1  was  a  young  lieutenant  and  had  just 
returned  from  California,  where  T  had  been  detailed. 
I  was  in  the  gallery  with  the  cio.vd.     Mr.  Fillmore 


HEATH Y  CLAY. 


165 


was  Presidcnj  <»f  the  StMiatc,  jumI  wanicil  tin*  pillery 
tliat  a  ropetition  of  any  such  dt'inoiisi ration  as  had 
just  boon  exliibitod  would  result  in  the  place  being 
cleared.     Mr.  Clay  was  speaking  on  the  possibility 
of  secession,  and  we  all  kept  quiet  until  he  said:    *I 
love  Kaintucky  with  all  my  heart  and  all  my  soul, 
but  if  Kaintachi/  were  to  secede  I  would  shoulder  my 
old  musket  and  b(   among  the  first  to  put  her  down, 
down,  down!'     Mr.    'illmore's  warning  was  useless. 
The  gallery  arose  and  yelled,  and  i  yelled  with  it. 
Then  we  were  all  cleared  out,  to  our  infinite  disgust. 
"Mr.  Clay  was  always  admirable.     His  oratory 
was  indescribable,    lie  seemed  to  be  inspired  and 
spoke  extemporaneously,  with  no  otl'.er  preparation 
than  a  few  olT-hand  notes  that  he  had  jotted  down 
l>revious  to  taking  the  floor.     He  would  exhaust  the 
subject  suggested  by  one  of  those  brief  memoranda, 
and  then  pass  on  to  another.     His  enunciation  was 
clear  and  distinct,  but  marvelously  rapid.     It  was 
impossible  for  the  reporters  io  take  his  speeches  in 
those  days,  when  stenograi)hy  had  not  been  so  per- 
fected as  now,  and  that  is  the  reason  that  his  speeches 
do  not  read  as  well  as  those  of  Webster.     Rut  of  the 
two   men   Mr.   ('lay    was   incomparably   the   better 
speaker.     In  his  last  years  of  public  service  he  stood 
between  the  two  fires  of  the  extreme  North  and  the 
extreme  South,  and  there  were  little  men  in  the  Sen- 
ate always   snapping   and   snarling   at   his    heels. 
Sometimes  they  drove  him  to  bay,  and  then  it  was  a 
fine  spectacle  to  see  him  turn  on  them  and  demolish 


166 


LIFE  SKETCH  OF 


them.  He  scattered  them  as  easily  as  a  splendid 
stag  scatters  a  pack  of  coyotes." — Gfiieral  W.  T.  Sher- 
man in  New  York  Times. 

Was  of  a  Party. 

"A  free  people  in  times  of  peace  and  quiet,  when 
pressed  by  no  common  danger,  naturally  divide  into 
parties.  At  such  times  the  man  who  is  of  neither 
party  is  not,  can  not  be,  of  any  consequence.  Henry 
Clay  was  therefore  of  a  party." — A.  Lincoln. 

"Speaking  for  Posterity" — Retort. 

Being  confronted  by  General  Smyth  of  Virginia 
in  the  House  of  Keprese  ^atives  in  a  long  debate, 
Smyth,  who  was  noted  for  his  prosy  and  long-drawn 
speeches,  said  to  Clay:  "You  speak  for  the  present 
generation;  I  speak  for  posterity."  "Yes,"  replied 
Clay,  "and  you  seem  resolved  to  continue  speaking 
until  your  audience  arrives." 

His  Poverty. 

"Clay's  example  teaches  us,"  said  Lincoln  in  a 
eulogy  on  Clay  in  Springfield  in  1852,  "that  one  can 
scarcely  be  so  poor  but  that,  if  he  will,  he  can  acquire 
sufficient  education  to  get  through  the  world  respect- 
ably." 

Esteemed  Jefferson. 

From  his  twenty-first  to  his  thirty-fourth  year  he 
esteemed  Jefferson  the  first  and  best  of  living  men. 


HENRY  CLAY. 


167 


Betrayed  a  Feeling  of  Superiority. 

Lincoln  said  though  Clay  was  polishe<l  in  hia 
manners  and  hosi)itable  and  kindly,  he  betrayed  a 
certain  consciousness  of  superiority  and  almost  of- 
fensive imperiousness. 

Friends  Gave  nira  a  Carriage. 

Passing  through  Newark,  New  Jersey,  once,  Clay 
thoughtlessly  ordered  a  carriage  of  a  certain  pattern. 
That  evening  the  carriage  was  at  the  door  of  his  Ne>A^ 
York  hotel,  the  gift  of  a  few  friends. 

His  600  Acre  Farm  Mortgages  of  $30,000  Discharged 

by  Friends. 

In  his  old  ago  his  fine  estate  of  GOO  acres  at  Ash- 
land, Kentucky,  through  the  miafortunes  of  his  sons, 
was  burdened  with  mortgages  to  the  amount  of  $30,- 
000,  and  other  large  debts  weighed  hira  down,  when  a 
few  old  friends  secretly  raised  the  needful  sum,  paid 
the  mortgages  and  discharged  his  debts,  and  then 
caused  Clay  to  be  informed  what  had  been  done,  but 
not  of  the  name  of  the  donors. 


Raised  Fine  Animals. 

He  raised  on  his  estate  superior  animals.  Ilad 
fifty  merino  sheep  driven  over  the  mountains  from 
Pf  nnsylvania,  and  imported  from  England  Durham 
and  Hereford  cattle. 


168 


LIFE  SKETCH  Oh 


Exact  Msui  of  Rusiiiosa. 

Ilfr  was  an  exact  man  of  business,  who  docketed 
his  h'ttei'S,  and  couhl  send  from  Washiii;;ton  to  Ash- 
hmd  for  a  document,  telling  in  what  pij^eon-liole  it 
could  be  found. 


His  Reply  as  to  How  He  \\  ould  Preside  as  a  Speaker 
After  a  Night's  Debauch. 

"How  can  you  preside  over  that  House  today?" 
asked  a  fri'  ''  is  he  set  Mr.  Clay  down  at  his  own 
door,  after  s  e,  from  a  party.      "Come  up  and  you 

shall  see  how  i  will  throw  the  reins  over  their  necks," 
replied  the  Speaker,  as  he  stepped  from  the  carriage. 


Probed  Nothing  to  the  Bottom — Not  a  Student. 

"Clay  probetl  nothing  to  the  bottom,  except,  per- 
haps, the  game  of  whist;  and,  though  his  instincts 
and  tendencies  were  high  and  noble,  he  had  no  great 
grasp  of  general  truths.  He  was  not  a  student,  not 
a  thinker,  not  a  philosopher.  Webster  said  of  him, 
when  reported  to  be  dying:  *I  think  he  never  was  a 
man  of  books,  a  hard  student;  but  he  has  displaced 
remarkable  genius.  He  has  been  too  fond  of  ex- 
citement— he  has  lived  upon  it;  he  has  been  too  fond 
of  company,  not  enough  alone;  and  has  few  resources 
within  himself.  Now  a  man  who  can  not,  to  some  ex- 
tent, depend  upon  himself  for  happiness,  is  to  my 
mind  one  of  the  unfortunate."- — Parton  on  Clay. 


HENKY  CLAY 


168 


{'jii'i-l('(l  tlie  War  (»f  1812  on  His  SlioiiMers. 

"Clay  lil«'rall.v  carried  the  war  of  1812  on  his 
shonhlcrs.  lie  and  his  friends  were  alluded  to  by 
(iulncy  of  Massachusetts  as  'younj,'  ])olltlclans,  with 
their  ]»ln-feathers  yet  unslied,  the  shell  still  sticking 
upon  them — perfectly  unfledged,  though  they  flut- 
tered and  cackled  on  the  floor.*  " — Parton's  Article  on 
nay. 

Light  Hair, 
lie  had  abundant  light  hair. 

Unequalled  in  Kentucky  for  His  Power  Over  Juries. 

"He  had  a  power  over  a  Kentucky  jury  such  as 
no  man  has  cA'er  had.  We  are  far  from  thinking  that 
he  was  not  a  very  able  lawyer,  for  he  was  a  brilliant, 
successful  practitioner,  and  had  amassed  a  compe- 
tence after  ten  years  at  the  bar.  Judge  Story,  before 
whom,  in  his  later  life,  he  argued  a  case,  was  of  the 
opinion  that  he  would  have  won  a  high  position  at 
the  bar  of  the  Supreme  Court,  if  he  had  not  been 
early  drawn  away  into  public  life." — James  Partou. 

His  Last  Clreat  Speech  on  the  Compromise  Bill. 

His  last  great  speech,  on  the  great  Compromise 
Bill  of  1850  lasted  two  days,  and  was  probably  the 
cause  of  his  death.  He  was  so  feeble  that  he  had  to 
be  helped  up  the  Capitol  steps,  and  when  asked  to 
desist  said  if  be  did  he  was  afraid  he  would  not  live 


m 


LIFE  SKETCH  OF 


to  resume.  He  was  strongly  Union  la  what  he  said, 
and  exehiimed,  among  other  things:  "There  are  those 
who  think  that  the  Union  must  be  preserved  by  an 
exclusive  reliance  upon  love  and  reason.  Tliat  is  not 
my  opinion.  I  have  some  confidence  in  t'lis  instru- 
mentality; but  depend  upon  it,  that  no  human  gov- 
ernment can  exist  without  the  power  of  applying 
force,   and  the  actual  application  of  it  in  extreme 


cases. 


n 


Horace  Greelev's  Tribute. 


"If  a  man  only  saw  Henry  Clay's  back,  he  would 
know  that  it  was  the  back  of  a  distinguished  man." — 
Horace  Greeley. 

Inscription  on  the  Monument  at  the  Grave  of  the 

Mother  of  Henry  Clay  in  the  Cemetery  at 

Lexington,  Kentucky. 

"Elizabeth  Watkins,  formerly  Elizabeth  Clay, 
Born  1750,  Died  1829.  This  monument,  a  tribute  to 
her  many  domestic  virtues,  has  been  prompted  by  the 
filial  affection  and  veneration  of  one  of  her  grateful 
sons,  H.  Clay." 


NATHAN  CLIFFORD. 


171 


NATHAN  CLIFFORD,  MAINE. 

(1803-1881.) 

Twenty-three  years  an  Associate  Justice  of  the 
United  States  Supreme  Court.     Born    in    Rumney, 
New  Hampshire,  August  18,  1803;  died  in  Cornish, 
Maine,  January  25, 1  ^81,  aged  seventh-seven.    Born  in 
an  honorabh>  poverty,  he  received  his  early  education 
at  the  Haverhill,  New  Hampshire,  academy,  and  later 
at  the  Hampton  Literary  Institute,  paying  his  way  by 
teaching.    Read  law  with  Josiah  Quincy,  a  leading 
New  Hampshire  lawyer;  was  admitted  to  the  bar  and 
settled  at  twenty-four  in  York  county,  Maine;  1830- 
1834,  was  a  member  of  the  Maine  Legislature,  and 
part  of  that  time  Speaker;  1834-1838,  Attorney  Gen- 
eral of  Maine;  1839-1843,  member  of  Congress;  1846, 
Attorney  General  in  President  Polk's  Cabinet,  and 
while  holding  this  position,  as  envoy  extraordinary 
and   minister  plenipotentiary,   arranged  the  terms 
of  peace  with  Mexico  by  which  C;^lifornia  became 
a  part  of  the   Union.      In   1849   he  resumed   his 
practice  in  Maine,  and  in  1858  became,  on  the  nomina- 
tion of  President  Buchanan,  an  Associate  Justice  of 


172 


LIFE  SKETCH  OF 


tLe  Uuited  States  Supinnc  (Nuiit,  remaining  sneli  to 
his  death.  As  the  oldest  associate  jnstice  he  pre- 
sided over  tlie  Electoral  Commission  in  1877,  and, 
though  firmly  believing  that  Mr.  Tilden  was  elected, 
conducted  the  proceedings  with  great  dignity  and 
impartiality.  After  Mr.  Hayes'  inauguration  he  re- 
fused to  visit  the  White  House. 

Clifford's  life  was  long  and  of  varied  activity. 
He  served  the  government  in  executive,  adminis- 
trative and  judicial  capacities.  In  early  life  he  met 
celebrated  men  in  debate  with  credit  and  success. 
And  forty-two  volumes  of  Reports  contain  the  result 
of  his  patient  judicial  labors,  in  which  are  recorded 
his  486  opinions,  including  100  dissents.  "He  was 
bitterly  opposed  to  anytliing  like  judicial  legislation." 
As  the  first  Cabinet  officer,  and  as  the  first  Supreme 
Court  Judge  that  Maine  had  had,  her  people  took  the 
greatest  pride  and  satisfaction  in  him.  And  his 
kindly  nature  and  conservative  temper,  joined  to 
habits  of  unwearied  industry,  made  of  him  one  of  the 
best  of  modern  magistrates. 


SIR  ELWARD  COKE. 


178 


SIR  EDWARD  COKE— ENGLAND. 
(1549-1634.) 

As  a  lawyer  perhaps  he  has  never  been  equaled 
in  the  copious  extent  and  variety  of  his  information. 
Born  at   Milehani,    Norfolk,    England,    February  1, 
1549;  died  September  3, 1634,  aged  eighty-five.     Hav- 
ing finished  a  three  and  a  half  years'  course  at  Cam- 
bridge, without  graduation;  at  twenty,  he  prosecuted 
with  intense  application  the  study  of  law,  retiring 
at  nine  and  rising  at  three,  being  called  to  the  bar 
at  twenty-six.     Was  noted  from  the  first  for  his  ex- 
tensive and  exact  knowledge,  soon  having  the  larg- 
est practice  known  up  to  that  time,   rising  to   the 
highest   rank   by  his   argument   in    Shelley's   case, 
and  being  regarded    the    greatest    lawyer    of  his 
day.     Made     Recorder    of    London     and     Solicitor 
General,  3592;  member  of  Parliament,  where  he  be- 
came Speaker  of  the  House  of  Commons,  1593;  At- 
torney General  ov(r  his  rival,  Francis  Bacon,  1594, 
his  zeal  for  conviction  often  carrying  him  so  far  that 
his  conduct  was  brutal;  Chief  Justice  of  the  Common 
Pleas,  ir.Od;  Chief  Justice  of  the  King's  B  'uch,  1013, 


m 


LIFE  SKETCH  OF 


which  position  he  held  but  three  years;  re-elected  to 
Parliament,  1617,  being  for  several  years  among  the 
foremost  members  of  the  constitutional  party. 

The  six  years  preceding  his  death  he  spent  in 
revising  the  law  works  upon  which  he  might  well 
have  rested  his  fame.  He  did  not  hesitate,  though 
devotion  to  duty  cost  him  his  office  and  gained  him 
the  personal  enmity  of  his  sovereign.  He  was  the 
first  great  English  law  commentator  and  court  re- 
porter. Said,  "The  law  is  a  well,  out  of  which  every 
man  can  draw  according  to  the  strength  of  his  under- 
standing." To  him  more  than  to  any  other  man  is 
due  the  proud  distinction  of  carrying  through  Par- 
liament the  Petition  of  Right,  despite  the  blandish- 
ments and  craft  of  the  King.  While  arrogant  and 
overbearing,  his  conduct  as  judge  was  able,  bold  and 
fearless.  We  willingly  overlook  the  selfishness  of 
his  private  life  while  viewing  with  admiration  his 
matchless  services  in  behalf  of  the  liberties  of  his 
countrymen. 


Clean  Clothes. 

"The  cleanliness  of  a  man's  clothes  ought  to  put 
him  in  mind  of  keeping  all  clean  within." 


SIR  EDWARD  COKE. 


175 


Reason  and  Law. 

"Reason  is  tlie  life  of  the  law;  nay,  the  common 
law  itself  is  nothing  else  but  reason.  »  ♦  ♦  The 
law,  which  is  perfection  of  reason." — From  First  In- 
stitute. 

The  Law  a  Well. 

"The  student  will  observe  that  the  knowledge  of 
the  law  is  like  a  deep  well,  out  of  which  each  man 
draweth  according  to  the  strength  of  his  understand- 
ing." 

Freedom  of  Trade. 

"Freedom  of  trade  is  the  life  of  trade,  and  all 
monopolies  and  restrictions  of  trade  do  overthrow 
trade." — Roscoe's  Life  of  Coke,  p.  29. 


Jurisprudence. 
"The  gladsome  light  of  jurisprudence."- 


-First 


Institute. 


Corporations  Have  N(    Souls. 

"They  (corporations)  cannot  commit  treason,  nor 
be  outlawed  nor  excommunicated,  for  they  have  no 
soulti."— Case  of  Sutton's  Hospital,  10  Rep.  32. 

Magna  Charta. 

"Magna  Charta  is  such  a  fellow  that  he  will  have 
no  sovereign."— Debate  in  the  Commons,  May  17, 
1628. 


176 


LIFE  SKETCH  OF 


The  Study  of  Law. 

"Six  hours  in  sleep,  in  law's  grave  study  six. 
Four  spend  in  prayer,  the  rest  on  nature  fix." 
— Translation  of  Lines  (Quoted  by  Coke. 

Heir  of  Father. 

"It  is  no  tresi)ass  for  a  man  to  b;'  the  heir  of  his 
father." 

Posterl  in  ("oiuiuon  Law,  but  Not  in  Statutes. 

"If  I  am  askeil  a  question  of  common  law  I  should 
be  ashamed  if  I  could  net  immediately  answer  it,  but 
if  I  am  asked  a  question  of  statute  law  I  should  be 
ashamed  to  answer  it  without  referring  to  the  statute 
book." 

First  Commentator  and  Reporter. 

"He  was  learned,  honest  and  independent;  knew 
all  the  law  of  his  day,  and  was  the  first  gr^at  com- 
mentator on  the  laws  of  England,  and  the  first  great 
reporter  of  court  decisions." — Irving  Browne. 

Why  His  Keinitation  as  a  Writer. 

"Coke's  merits  and  the  causes  of  his  reputation 
are  not  far  to  seek.  For  the  first  time  he  made  ac- 
cessible in  English  the  old  learning,  which  till  then 
had  to  be  painrully  gjithered  from  th;*  year-books 
ajid  from  forbidding  abridgments." — Stephen's  Die. 
of  Nat.  Biog.  art.  Coke,  p.  'J4I. 


SIR  EDWARD  COKE. 


177 


Wealthy. 

He  was  extremely  avaricious,  and  left  an  enor- 
mous fortune;  so  great  that  it  excited  the  alarm  of  the 
crown. 

Handsome, 

He  was  very  handsome,  and  dignified  in  bearing; 
neat  in  his  dress,  and  studious  of  the  cleanliness  of 
his  person. 

A  Hard  Worker. 

"He  was  the  most  methodical  and  hard  working 
man  that  ever  lived;  slept  only  six  hours,  and  from 
three  in  the  morning  till  nine  a .  ight  he  read  or  took 
notes  of  the  cases  tried  in  Westminster  Hall,  with  as 
little  interruption  as  possible."  (This  was  during  his 
student  days.) — Biog.  Brit.  art.  Coke,  p.  120. 

Deep,  but  Narrow-Minded. 

Says  one:  "He  was  a  deep  but  narrow-minded 
lawyer,  knowing  hardly  anything  beyond  the  weari- 
some and  crabbed  learning  of  his  own  craft;  famous 
only  in  his  own  country,  and  repelling  all  friendship 
by  his  ha^^'^  manners." 

Coke  Upon  Littleton. 

Of  his  comment  upon  Littleton,  the  most  com- 
petent of  judges,  Butler,  in  his  "Reminiscences"  says: 
"Neither  England  nor  the  Continent  can  produce  any 
contemporaneous  work  of  eqvial  or  even  approximat- 
ing merit." 


178 


LIFE  SKETCH  OF 


His  Ability  and  Appearance. 

"His  parts  were  admirable;  he  had  a  deep  judg- 
ment, faithful  memoiy,  active  fancy,  and  the  jewel 
of  his  mind  was  put  into  a  fair  case,  a  beautiful  body, 
with  comely  countenance;  a  case  which  he  did  wipe 
and  keep  clean,  delighting  in  good  clothes,  well  Avorn, 
and  being  wont  to  say  that  the  outward  neatness  of 
our  bodies  might  be  a  monitor  of  purity  to  our  souls." 
—Fuller  in  Stephen's  Die.  of  Nat.  Biog.,  p.  239. 

Great  Trials. 

At  the  bar  he  conducted  the  prosecution  in  the 
trials  of  the  Earls  of  Essex  and  Southampton  in  IGOO. 
Of  Sir  ATalter  Ealeigh  in  1603,  and  of  the  Gunpow- 
der Plotters  in  1605. 


Abuse  of  Raleigh. 

''Sir  Edward  Coke,  a  man  of  prodigious  ability 
and  acquirement,  but  still  essentially  commonplace 
in  his  int(?llect  and  prejudices,  was  once  goaded  by 
rage  and  hatred  into  an  imagination  in  which  his 
whole  massive  nature  seemed  to  emit  itself  in  a  Ti- 
tanic stutter  of  passion.  We  refer,  of  course,  to  his 
calling  Sir  Walter  Raleigh  a  *sp!der  of  hell' — an 
image  in  which  loathing  became  executive,  and  pal- 
palpably  smit  its  object  on  the  cheek.  The  image  be- 
comes tremendous  when  we  see  the  whole  roused 
might  of  Coke  glare  terribly  through  it." — Whipple*3 
"Tiiterature  and  Life,"  p.  'J41. 


SIR  EDWARD  COKE. 


179 


Expounder  of  Common  Law. 

"He  was  the  great  expounder  of  the  common 
law  of  England." — Anon. 

Acrimonious  Testimony  of  a  Contemporary. 

"He  would  die  if  he  could  not  help  to  ruin  a  groat 
man  once  in  seven  years,"  wrote  Sir  E.  Conway  in 
1624. 

A  Gentleman  in  Bacon's  Impeachment. 

"Even  Sir  Edward  Coke,  for  the  first  time  in  his 
life,  behaved  like  a  gentleman." — Macaulay,  speaking 
of  Coke's  conduct  in  the  impeachment  of  Bacon. 

Man's  House. 
"A  man's  house  is  his  castle."— Third  Institute. 

Unequaled  in  Information. 

"As  a  lawyer  Coke  has,  i)erhaps,  never  been 
equaled  in  the  copious  extent  and  variety  of  his  in- 
formation. As  an  antiquarian  lawyer,  he  was  not 
deeply  learned,  and  was  surpassed  by  Selden,  and, 
l)erhaps  by  Hale.  Yet  even  with  these  defects  he 
stood  the  acknowledged  and  unrivalled  head  of  his 
profession,  at  a  period  fruitful  in  eminent  men,  and 
when  the  ambition  of  Bacon  led  him  to  devote  his 
high  genius  to  the  same  pursuits." — Roscoe's  Eminent 
Lawyers,  art.  Coke,  p.  40. 


ISO 


LIFE  SKETCH  OF 


Hallam's  Tiibute. 

"Coke  was  tlie  strenuous  assorter  of  liberty  on 
the  principles  of  tliose  ancient  laws  which  no  one  was 
admitted  to  know  so  well  as  himself,  redeeming,  in 
an  intrepid  and  patriotic  old  age,  the  faults  which  we 
cannot  avoid  perceiving  in  his  earlier  life." 


Johnson  and  Shakespeare  "Vagrants," 

He    looked    upon    Jonsou    and   Shakespeare  as 
"vagrants,"  s<»  much  did  he  despise  general  literature. 


Contempt  for  Bacon's  Works. 

Lord  Bacon  presented  him  witli  a  copy  of  his  im- 
mortal work,  the  Novum  Organum.  On  the  fly-leaf 
he  wrote  some  satirical  Latin  verses,  advising  him  to 
restore  justice  and  the  laws  rather  tiian  the  writings 
of  sophists.  On  the  title  page  was  written  Instauratio 
Magna,  and  also  was  given  the  device  of  a  ship  sail- 
ing through  the  Pillars  of  Hercules.  Coke  wrote  over 
this: 

"It  deserves  not  to  be  read  in  schools, 
But  to  be  freighted  in  the  Ship  of  Fools." 

The  words  "Ship  of  Fools,"  being  supposed  to  al- 
lude to  Sebastian  Brandt's  satirical  work  of  that  title. 


SIR  EDWARD  COKE. 


181 


Curran's  Opinion  of  Coke. 

"Lord  Coke  was  one  of  tlie  ablest  lawyers,  inde- 
pendent of  some  particulars,  that  ever  existed  in  Eng- 
land."—In  Defense  of  Henry  Sheares. 

A  Tyrant,  Etc. 

"Coke  was  by  nature  a  tyrant,  a  bully,  and  a  cow- 
ard."— Allan  B.  Maegruder  in  4  South.  Law  Review, 
p.  844. 


182 


LIFE  SKETCH  OF 


RICHARD  COKE,  TEXAS. 

(1829 .) 

One  of  the  present  Senators  from  Texas.  Born 
at  Williamsburg:,  Virginia,  March  13,  1829.  Com- 
pleted his  studies  when  nineteen  at  William  and 
Mary  college,  Virginia.  Was  admitted  at  twenty- 
one,  and  removed  the  same  year  to  Waco,  Texas, 
where  he  has  since  practiced  his  profession  con- 
stantly when  not  in  the  public  service.  He 
served  in  the  confederate  army  during  all  the 
war,  becoming  captain;  was  appointed  District 
Judge  in  1865,  and  elected  to  the  Supreme  Bench  of 
his  State  in  18G6.  A  year  later  he  was  removed  by 
General  Sheridan,  on  the  ground  that  he  was  a  hin- 
drance to  reconstruction.  Returned  to  the  practice  of 
law  the  latter  part  of  1867.  He  was  Governor  of  the 
State,  1873,  and  re-elected,  1876,  by  a  majority  of  102,- 
000;  took  his  seat  in  the  United  States  Senate,  1877, 
to  which  position  he  has  been  thrice  re-elected, 
and  in  which  he  will  have  served  eighteen  years  when 
his  term  expires,  1895. 

As  Supreme  Court  Judge,  Mr.  Coke  was  a  hard 


RICHARD  COKE. 


183 


student  and  an  indefatigablo  Avorkcr,  his  decisiouH 
being  regarded  as  models  of  close  reasoning,  research, 
and  vigorous  English.  As  Governor  he  put  tlie  State 
on  a  sour!  financial  basis,  leading  it  out  of  bank- 
ruptcy to  affluence,  made  life  and  property  secure  in 
the  commonwealth,  secured  a  new  constitution  for 
Texas  in  1875,  which  changed  the  incongruous  and 
repugnant  instrument  of  18G9  to  one  with  better  edu- 
cational, legal  and  taxation  provisions.  As  Senator, 
he  has  taken  a  very  decided  stand  upon  finance,  bank- 
ing, tariff  reform,  and  education,  delivering  usually 
three  or  four  elaborate  speeches  on  great  national 
questions  during  each  session.  lie  has  long  served 
on  the  judiciary  committee  of  the  Senate,  where  he  is 
considered  one  of  the  best  Constitutional  lawyers  of 
that  body. 

He  is  domestic  in  his  habits,  very  popular,  never 
having  been  defeated  for  any  position  to  which  he  as- 
pired; is  of  high,  broad  brow,  massive  head,  stands 
six  feet  three  inches,  and  is  a  commanding  figure 
wherever  he  goes. 


184 


LIFE  SKETCH  OF 


CHESTER  CICERO  COLE,  IOWA. 

(1824 .) 

Late  Chief  Justice  of  Iowa  and  a  distinguished 
legal  practitioner  for  forty-two  years.  Born  at  Ox- 
ford, New  York,  June  4,  1824,  the  youngest 
of  eleven  children.  Ilis  father,  Samuel  Cole, 
was  a  fanner,  and  died  when  the  son  was 
eight.  The  son  was  educated  at  Oxford  Acad- 
emy, Union  College  and  Harvard  Law  School. 
He  graduated  in  law  at  twenty-four,  located 
in  Frankfort,  Kentucky,  and  for  a  short  time 
had  charge  of  the  daily  "Frankfort  Commonwealth.'' 
He  was  admitted  to  the  bar  at  Marion,  Kentucky, 
and  practiced  there  nine  years,  making  an 
enviable  record  as  a  criminal  lawyer.  He  was  on 
one  side  of  nearly  every  case,  and  is  said  to  have 
cleared  every  client  defended,  and  convicted  the  only 
two  prosecuted.  He  moved  to  Des  Moines,  Iowa,  in 
1857,  where  he  has  since  resided.  He  at  once  took  the 
leading  position  at  the  bar  of  Iowa,  1^  which  his  rare 
ability  and  high  reputation  justly  entitled  him.  He 
was  appointed  in  February,  1864,  a  Judge  of  the  Su- 


CHESTER  CICERO  COLE. 


185 


preme  Court  of  Iowa,  and  elected  to  the  same  position 
in  18(15  by  a  majority  of  40,000,  and  re-elected  in  1870. 
With  ex-Supreme  Judge  George  C.  Wright,  he  organ- 
ized, in  1805,  the  Law  School  of  Des  Moines,  which 
subsequently  became  the  law  department  of  the  State 
University.  In  1869  he  became  Chief  Justice,  and  was 
re-elected  for  the  succeeding  term,  but  resigned  in 
1876. 

Says  Andreas:  "Judge  Cole  has  been  the  peer  of 
the  ablest  of  his  associates.  A  large  part  of  the  legal 
quostiouij  he  has  considered  are  without  precedent  in 
the  State,  particularly  those  relating  to  taxing  power 
and  the  relation  of  corporations  to  the  whole  body 
corporate.  Of  remarkable  quickness  and  correctness 
of  apprehension,  he  deals  directly  with  the  point  at 
issue.  As  a  writer  he  is  eloquent,  clear  and  forcible. 
Some  of  his  opinions  are  scholarly  essays  upon  legal 
topics,  and  are  grounded  in  the  law,  but  that  could 
not  be  law  which  did  violence  to  equity."  He  is  a  jurist 
of  quick  apprehension,  discriminate  selection  and 
courageous  conclusions. 


ISA 


LIFE  SKETCH  OF 


JOHN  DUKE  COLERIDGE,  ENGLAND. 

(1821-1894.) 

Late  Lord  Chief  Justice  of  England,  having  suc- 
ceeded Lord  Cockburu  in  188C.  Born  in  December, 
1821,  and  died  June  14,  1894,  aged  seventy-two.  He 
was  a  grand-nephew  of  the  poet  and  philosopher,  and 
son  of  a  distinguished  judge,  b}'  whom  he  was  sup- 
ported and  educated  in  affluence.  He  graduated  at 
Eaton  and  Oxford  at  twenty-one,  where  he  gained 
more  than  the  usual  honors.  Was  admitted  to  the 
Middle  Temple  in  1846;  became  Queen's  Counsel  in 
1861;  rose  rapidly  into  a  lucrative  practice;  member 
of  Parliament  for  Exeter  in  1865;  was  made  Liberal 
Solicitor  General  in  1868,  and  Attorney  General  in 
1871;  Chief  Justice  of  the  Common  Pleas  in  1873,  and 
Chief  Justice  in  1880;  made  an  extended  visit  to  the 
United  States  in  1883,  and  is  the  only  man  wlio  ever 
sat  with  the  judges  on  the  Supreme  Bench  of  the 
United  States. 

"Nature,"  said  an  adverse  critic,  "intended  him 
for  a  bishop,  but  accident  made  him  a  Judge."  Says 
an  American :    "As  a  cross-examiner  he  never  bullied, 


■yOHN  DUKE  COLERIDGE.  18? 

never  hurried  or  frustrated  any  one,  but  got  out  the 
exact  things  he  wanted,  and  by  dint  o"  iheer  suavity, 
inveigled  tliose  whom  he  interrogated  into  making 
suicidal  admissions."  Yet,  in  the  greatest  i)rofes- 
sional  effort  of  his  life,  the  Tichborne  trial,  in  which 
he  displayed  remarkable  pertinacity  and  ability,  he 
failed  to  break  down  Orton,  the  claimant,  in  his  more 
than  twenty  days'  cross-examination  of  that  gener- 
ally conceded  perjurer,  and  the  episode  was  fatal  to 
his  claim  to  be  the  first  cross-examiner  at  the  English 
bar. 

He  was  the  most  elegant  and  painstaking  advo- 
cate of  his  day.  As  a  jvidge  he  had  metaphysical  in 
sight,  a  sound  knowledge  of  law,  and  the  power  of 
taking  a  broad,  philosophical  view  of  the  varied  sub- 
jects which  came  before  him.  No  English  judge  has 
attained  such  distinction  at  once  in  letters,  politics 
and  law.  His  judgments  abound  in  terse,  accurate 
and  elegant  statements  of  the  law  which  almost  equal 
the  Latin  maxims.  Tie  was  the  personification  of  cul- 
ture, polish,  suavity,  resoluteness  and  dignity. 


188 


LIFE  SKETCH  OF 


Extinguishing  a  Life. 

"Tlie  life  of  the  prisoner  is  in  jour  hands,  gentle- 
men." (Just  then  the  lights  went  out.)  "You  can 
extinguish  it  as  easily  as  that  caudle  was  extin- 
guished but  a  moment  since;  but  it  is  not  in  your  pow- 
er to  restore  that  life,  once  taken,  as  that  light  has 
been  restored." — Extract  from  defense  of  murderer: 
Tact  in  Court,  p.  59. 

In  Favor  of  Code  Pleading. 

"You  have  lately  procured,  may  I  say  most  wise- 
ly, a  great  national  park,  into  which  the  bounties  and 
glories  of  nature,  and  strange  and  eccentric  forms 
which  natural  objects  sometimes  assume,  may  be  pre- 
served forever  for  the  instruction  and  delight  of  the 
citizens  of  this  great  republic.  Could  it  not  be  ar- 
ranged that,  with  the  sanction  of  the  State,  some  cor- 
ner in  that  one  park  should  be  preserved  as  a  kind  of 
pleading  park,  into  which  the  glories  of  the  uegatiA'e 
pregnant,  abseque  hoc,  replication  de  injuria,  re- 
butter  and  sir-rebutter,  and  all  the  other  Aveird  and 
fanciful  creations  of  the  pleader's  brain,  might  be  pre- 
served for  future  ages,  to  gratify  the  respectful  curi- 
osity of  your  descendants,  and  that  our  good  old  En- 
glish judges,  if  ever  they  revisit  the  glimpses  of  the 
moon,  might  have  some  place  wiiere  their  weary  s^  ^s 
might  have  rest;  some  place  where  they  might  still 
find  the  form  preferred  to  tlie  substance,  the  state- 
ment to  the  thing  stated?"' — Extract  from  u  speech  de- 
livered before  the  New  York  Bar  Association,  1884. 


JOHN  DUKE  COLERIDGE. 


189 


Had  a  (,J<)()(1  Oijiiiiou  of  Himself. 

lie  always  had  great  admiration  for  his  own  abil- 
ities. It  is  said  that  after  a  college  examination,  Dr. 
Jenkyns,  the  famous  master  of  Balliol,  addressed  him 
as  follows:  "Mr.  Coleridge,  I  have  a  high  opinion  of 
you.  Everybody  in  the  c(dlege  has  a  high  opinion  of 
you.  But  nobody  has  such  a  high  opinion  of  you  as 
you  have  of  yourself." 

Browning's  Retort  to  Coleridge. 

Lord  Coleridge  told  this  story  of  Browning: 
Browning  lent  him  one  of  his  works  to  read,  and  af- 
terward, meeting  the  poet,  the  Lord  Chief  Justice  said 
to  him:  "What  I  could  understand  I  heartily  ad- 
mired, and  parts  ought  to  be  immortal;  I  admired  it 
or  not,  because  for  the  life  of  me  I  could  not  under- 
stand it."  Browning  replied:  "If  a  reader  of  your 
caliber  understands  ten  per  cent,  of  what  I  write,  I 
think  I  ought  to  be  content." 


Apparently  Asleep  When  Hearing  Cases. 

"Did  the  Lord  Chief  Justice  sleep  while  engaged 
in  the  discharge  of  his  exalted  functions?  Such  was 
the  impious  question  which  most  English  lawyers 
w'.io  had  occasion  to  practice  before  him  would  an- 
swer iri  the  aflirmative,  relying  on  the  accumulated 
experience  of  maidvlnd  as  to  the  physical  appearance 
of  persons  in  that  restful  state,  for  in  the  course  of  a 
trial  he  would  close  his  eyes  and  allow  his  head  to  fall 


190 


LIFE  SKETCH  OF 


on  the  desk,  and  subsequently  appear  unconscious  of 
much  that  had  taken  place  in  the  meantime.  It  is 
only  just,  however,  to  state  that  the  Lord  Chief  Jus- 
tice denied  the  imputation,  alleging  that  he  Avas  never 
more  acutely  perceptive  of  the  argument  presented  to 
him,  or  more  alive  to  the  forensic  situation  than  when 
he  adopted  this  demeanor,  which  ordinary  mortals 
thoughtlessly  regarded  as  incompatible  with  due  ju- 
dicial vigilance." — May,  1894,  Green  Bag. 


Estimate  of — As  Advocate,  Judge  and  Man. 

"His  qualities  were  those  of  the  brilliant  advo- 
cate, and  that,  by  common  consent,  he  is  admitted  to 
have  been.  Yet  even  in  this  sphere  he  was  lacking 
at  the  precise  point  Avhere  the  strong  qualities  are 
most  in  evidence.  His  addresses  were  models  of 
rhetorical  'arts  and  crafts,'  by  which  the  dispensers 
of  verdicts  are  hj'puotized  by  the  verdict-getter.  A 
comparison  between  him  and  Lord  Kussell  or  Sir  Hen- 
ry Hawkins,  two  strong,  virile,  tenacious  men,  leaves 
him  their  inferior.  He  never  did  what  the  former 
did  in  the  Parnell  Commission,  or  the  latter  in  the 
Tichborne  case.  The  comparison  is  obvious  when 
applied  to  this  case,  as  Lord  Coleridge  administered 
the  cross-examination  in  the  civil  trial  and  Sir  Henry 
that  in  the  ciiminal  trial  which  followed.  ♦  ♦  * 
As  an  advocate  he  made  his  most  brilliant  efforts  in 
cases  where  questions  of  theolo^  -  and  church  history 
and     antiquities  were  involved.     *     *     *     He  was 


JOHN  DUKE  COLERIDGE. 


191 


versatile,  brilliant,  with  the  instincts  of  a  literateur, 
},'raceful  in  speech  and  act,  eloquent;  a  man  who 
shone  socially,  and  who  felt  deep  interest  in  many  de- 
partments of  life.  •  *  *  There  is  no  figure  of  the 
same  dignified  type  on  the  English  bench  or  at  the 
bar.— Geo.  H.  Knott,  of  Middle  Temple,  Sept.-Oct, 
Am.  Law  Review,  1894. 

His  Second  Marriage. 

Lord  Coleridge  was  married  a  second  time  in 
1885  to  Amy  Augusta,  daughter  of  Henry  Baring 
I.awford.  She  was  thirty-five  years  his  junior.  She 
was  not  received  socially;  and  consequently  when 
she  sat  beside  her  husband  during  the  trial  of  the 
Tranby  Croft  baccarat  case,  Lord  Coleridge  was  se- 
verely criticised. 

Sued  by  His  Daughter  for  Support. 

Further  attention  was  attracted  to  his  domestic 
affairs  several  years  ago  Avhen  his  daughter,  Mildred, 
sued  him  for  non-supi)ort.  After  the  scandal  had 
been  publicly  ventilated,  the  case  was  settled  out  of 
court. 

A  Crank  on  the  Picture  (Question. 

The  late  Chief  Justice  was  unalterably  opposed 
to  having  his  photograph  taken.  Consequently 
when  a  picture  was  asked  for  a  special  purpose,  he 
refused  to  give  it,  and  a  kodak  shot  Avas  taken.  For 
this  he  prosecuted  the  photographer;  but  we  believe 


192 


LIFE  SKETCH  OF 


the  court  held  that,  being  a  public  character,  as  long 
as  no  degradation  or  slander  was  made  out,  he  was 
remediless,  as  he  was  an  official  of  England,  hence 
a  public  character,  and  the  public  had  a  right  to  look 
at  his  face,  or  read  his  life,  if  it  wished  to  do  so.  It 
,is  well  known  that  he  excluded  from  his  court  a 
eketcher  of  his  face,  in  the  baccarat  case. 


ROSCOE  CONKLING. 


193 


ROSCOE  CONKLING,  NEW  YORK. 

(1829-1888) 

Born  at  Albany,  New  York,  October  30,  1829. 
Died  in  N^nv  York  city,  April  18,  1888,  aged  fifty- 
eight.  His  father  was  United  States  District  Judge 
and  author  of  several  law  treatises,  as  well 
as  a  statesman  of  influence.  With  but  an 
academic  education,  he  studied  law,  was  ad- 
mitted, and  appointed  District  Attorney,  before  be- 
coming of  age.  Ilis  public  service  began  in  1858, 
when  he  was  elected  Mayor  of  Utica,  and  the  same 
year  to  the  House  of  Representatives.  In  1804,  having 
been  defeated  in  1800,  he  was  returnd  to  the  House, 
where  he  continuously  sat  until  1867,  when  he  was 
elected  to  the  Senate,  of  which  he  was  a  conspicuous 
figure  till  i.is  resignation  in  1881.  While  a  Senator, 
President  Crant  offered  him  the  Chief  Justiceship, 
and  after  his  resignation  President  Arthur,  an  Asso- 
ciate Justiceship,  both  of  which  he  declined. 

From  1881  till  his  death  he  practiced  law  in  New 
York  city,  with  such  success  that  in  abo  jt  eight  years 
he  retrieved  a  fortune,  broken  by  his  arduous  public 


194 


LIFE   SKETCH  OF 


service.  ITis  practice  was  restricted,  not  interrupt- 
ed, b}'  liis  public  service,  and  extended  into  everj-  field 
of  the  law.  ITis  early  victories  were  confined  to  nisi 
prius  courts,  but  later  they  invaded  the  hij^hest  tri- 
bunals of  his  country.  In  all  the  relations  of  private 
life,  an  example  for  others,  he  laid  down  his  public 
trust,  unsullied.  Thorough  preparation  of  cases, 
skill  as  a  cross-examiner,  abilit3'  to  cope  with  the  un- 
expected, unbounded  confidence  in  his  cause,  fluent 
and  eloquent  sjjoech,  which  he  attributed  to  the  care- 
ful study  of  Macaulay's  essays,  these  were  his  chief 
characteristics  as  a  lawyer. 

lie  was  a  commanding  figure,  scrupulously  neat 
in  person  and  attire,  reserved  in  manner,  physically 
and  morally  courageous,  staunch  in  his  friendships, 
and  an  uncompromising  enemy.  "Intolerance  of 
shams,"  says  John  N.  Edwards,  "made  him  appear  at 
times,  lordly,  supercilious  and  dictatorial;  but  be- 
hind the  semblance  was  the  substance,  and  in  ex- 
tremity everything  else  was  unreckoued  of  except  the 
iron." 


ROSCOE  CONKLING.  195 

Secession. 

"Secession  was  a  painted  lizard — a  reptile  which 
.1  million  men  went  out  to  bruise  and  crush  under 
tljcir  heels.'' 

Lincoln. 

"Lincoln  was  one  of  those  who  darken  nations 
when  they  die." 

]*oli<ical  Promises. 

"There  is  great  wisdom  in  making  no  promises." 
— Referring  to  the  common  hahit  of  making  political 
pledges. 

Spaniel-Like  Element  in  Human  Nature. 

"Whoever  fails  to  take  account  of  the  spaniel- 
like element  of  human  nature  will  make  a  great  many 
mistakes." — When  speaking  of  influencing  others. 

Discrelion. 

"Unbridled  discretion  is  not  wholesome  in  gov- 
ernment. *  *  *  Tt  is  too  broad  a  power,  and  it 
should  not  be  slack-wound  or  loose-twisted,  but  It 
should  be  stated  with  parlicularit}'." — Speaking  of 
taking  the  tenth  census,  in  1870. 


C'am])aigning  for  Blaine. 
Being  asked  to  speak  for  Blaine  in  the 
of  1884,  he  rejilied  he  had  never  engaged  in 
practice,'  and  he  did  not  care  to  begin  then. 


^ampaigii 
'criminal 


196 


LIFE  SKETCH  OF 


Money  Inflation. 

"Reason  and  experience  convince  me  that  we 
shall  launch  government  and  people  on  a  sea  without 
shore  or  bottom  when  we  legislate  the  nation  out  up- 
on a  sea  of  unlimited,  irredeemable  paper  money.  A 
note  not  to  be  paid  or  redeemed  is  a  promise  made  to 
be  broken.  A  promise  made  to  be  broken  is  a  lie. 
And  a  lie  will  upset  anything,  from  an  apple-cart  to 
an  empire.  Paper  money  not  to  be  ]>aid  or  redeemed 
is  a  falsehood  and  a  fraud.  It  can  never  be  true,  and, 
therefore,  it  can  never  be  right  or  safe." — Remarks  on 
Inflation,  United  States  Senate,  February  10, 1874. 

Tiibeler  and  Robber  Compareil. 

"A  thief  breaks  into  your  house,  steals  your 
watch,  and  goes  to  Sing  Sing.  The  newspaper  man 
breaks  into  the  casket  which  contains  your  most 
precious  treasure — your  reputation— and  goes  un- 
scathed before  the  law." — Extract  from  a  speech  in 
a  libel  suit. 

Death. 

Death  is  nature's  siipreme  abhorrence.  The  dark 
valley,  with  its  weird  and  solemn  shadows.  Illumined 
b^'  the  rays  of  Christianity,  is  still  the  ground  which 
man  shudders  to  approach.  The  grim  portals  and  the 
narrow  house  seem  in  the  lapse  of  centuries  to  have 
gained  rather  than  lost  in  impressive  and  foreboding 
horror." — Extract  from  eulogy  on  Oliver  P.  Morton, 
United  States  Senate,  January  17,  1878. 


t 
I 


i 


ROSCOE  CONKLI^G. 


197 


Description  of  New  York,  Wlien  Emancipation  Was 

Proclaimed. 

"Truth  and  common  sense  were  liooted  and  buf- 
fet ted,  and  unkenneled  cowardice  and  ignorance 
barked  in  hideous  chorus.  Wantonness  and  infatua- 
tion ruled  the  hour.  Drugged  with  error,  dizzy  with 
fear  and  madden<»d  Avith  i)assion,  men  and  women 
Avere  led  from  meetings  to  mobs;  from  a  dance  of  fac- 
tion to  a  dance  of  death.  In  the  city  of  New  York, 
duped  and  imbruted  thousands  rioted  in  blood;  the 
blade^  the  bullet  and  the  cup  did  each  its  work,  and 
the  torch  sent  up  from  the  Christian  soil  of  that  im- 
perial city  the  smoke  of  a  burning  orphan  asylum,  to 
tell  in  heaven  of  the  inhuman  bigotry,  the  horrible 
barbarity  of  man.  Emancipation  prevailed,  the  up- 
lifted banners  of  opposition  and  revolt  went  down, 
and  the  nation's  flag  waved  safe  conduct  to  black  and 
white  alike  from  Mexico  to  British  America." — Ex- 
tract from  a  speech  in  Senate  on  a  proposition  to  re- 
peal a  resolution  of  the  Legislature  of  New  York  rat- 
if}ing  the  Fifteenth  amendment,  February  22,  1870. 

Black  Wench  Interruption. 

While  making  a  speech,  when  a  young  man,  in 
Utica,  an  interrupter  bawled  out :  "Do  you  want  me 
to  marry  a  black  wench  ?"  "Do  I  want  yon  to  marry  a 
black  woman?"  said  Conkling  in  reply.  "No,  I  can't 
say  that  I  do — I  have  too  much  compassion  for  the 
black  woman." 


i 


198 


LIFE  SKETCH  OF 


His  Oratorical  Models, 
[lis  oratorical  tcxt-hook.s  wore  the  Bible,  Shakes- 
peare and  the  prose  writin};8  of  Macaiilay,  BurUe, 
IMtt,  Fox  and  ]<]rskiiie. — Coiikli life's  Ufo  aixl  Letters 

Decliued  I'ositioii  on  Tnited  States  Supreme  Heucli 

Twice. 

Ue  refused  an  Associate  tTusticeship  ou  the 
Tluited  States  Supreme  Bench  from  President  Arthur 
in  1882,  and  was  tendered  the  Chief  Justiceship  in 
1873  by  President  Grant,  but  declined  them  both.  He 
also  decliued  a  Ministershij)  to  England  and  the  posi- 
tion of  Secretary  of  State. 

Stopping  Train  for  Conkling. 

Conkliug,  one  time  wishing  to  stop  the  limited 
Washington  express,  at  a  crossing  near  Baltimore, 
to  see  a  New  York  gentleman,  the  t«'legraph  operator 
said  he  could  if  he  got  permission  from  IMiiladelphia. 
The  Senator  said:  "If  it  would  do  any  good,  you  might 
use  my  name."  "And  your  name  is—?"  said  the 
operator.  "Conkliug — Koscoe  Conkliug,"  replied  the 
gentleman.  He  flashed  oA'er  the  wire  that  Senator 
Conkliug  wanted  the  train  stopped.  Iteidy  came 
back:  "ITow  do  jou  know  it  is  Senator  Conkliug?" 
Turning  to  him,  the  operator  said:  "Philadelphia 
wants  identification."  Conkliug  displayed  his  g<dd 
watch,  with  the  initials  "R,  C."  engraved  on  the  case, 


HOSCOE  CON/CLING. 


109 


at  the  same  time  involuntarily  removing  his  hat.  The 
(•poralor  ticlvod  these  words  over  the  line:  "Letters 
'u.  ('.'  on  gentleman's  watch,  but  I  know  he's  C'onk- 
Ilii^'b.v  his  llauntip''-  red  beard  and  the  Hyperion  curl 
of  Nas'.'s  ( artoons."  ►Stral^ihtway  the  sounder  rapped: 
"Sfoj)  train,  by  order  II.  F.  Kenney,  General  Superin- 
tendent."— ^Ncw  York  Mail  and  Express. 

A.  1?.  Conkliufj's  Estimate  of  Him  as  a  Lawyer. 

"Ilis  forte  as  a  lawyer  was  said  to  be  in  cross-ex- 
amination and  addressinj"'  the  jury.  But  the  lawyers 
in  the  metroj)olis  who  knew  him  best  declare  that  he 
was  well  versed  in  the  princi]des  of  the  law,  and  very 
familiar  with  equity  Juris])rudence.  In  ])rese:«ting 
l»oints  to  the  court,  and  in  the  a])plication  of  the  rules 
of  evidence,  he  was  powerful.  He  had  quick  reason- 
ing faculties,  and  was  able  at  once  to  form  correct 
conclusions.  With  sufficient  time  for  preparation, 
no  lawyer  surpassed  him  in  the  analysis  and  clear  pre- 
sentation of  his  case." — Life  of  Conklinfr,  p.  G70. 

Macaulay's  Essays. 

He  attributed  his  success  as  a  speaker  and  orator 
to  the  study  of  Macaulay's  Essays,  which  he  said 
are  "freighted  with  the  spoils  of  all  ages." 

Justice  Miller's  Tribute. 

Judge  iMiller  said  of  one  of  his  late  efforts  in  the 
Supreme  Court:  "Koscoe  Conkling's  late  argument 
before  the  Supreme  Court  was  the  ablest  legal  argu- 


200 


LIFE  SKETCH  OF 


ment  that  has  ever  been  presented  to  it  during  the 
service  of  the  oldest  member  of  the  court  as  Associ- 
ate Justice,  and  he  was  one  of  the  greatest  men  intel- 
lectually of  these  times." 

Affluent  and  Exuberant  English. 

"In  affluent  and  exuberant  diction,  Mr.  Conkling 
was  never  surpassed  in  either  branch  of  Congress,  un- 
less, perhaps,  by  Rufus  Choate." — Blaine's  Twenty 
Years  of  Congress,  volume  1,  page  328. 

Reply  to  William  Pinkney  White,  of  Maryland. 

In  the  course  of  a  somewhat  dreary  debate,  Will- 
iam Pinkney  Wliite,  of  Maryland,  a  Senator  from  that 
State,  rose  to  say  that  he  was  the  only  surviving 
Democratic  member  of  the  Senate  of  the  war  times. 
Conkling  turned  upon  him  with  a  courtesy  which  was 
impressive,  in  his  richest  tones  and  with  mock  grav- 
ity, replied:  "Mr.  President,  not  as  the  last  rose  of 
summer,  but  as  the  rose  of  last  summer,  as  the  lust 
leaf  upon  the  tree,  I  beg  to  offer  to  tlie  distinguished 
Senator  from  Maryland — and  I  trust  that  he  will  re- 
ceive them — my  sincere  condolences.  As  was  said  of 
Napoleon  at  St.  Helena,  he  is  wrapped  in  the  solitude 
of  his  own  originality.  Ue  is  the  last  of  the  barons, 
the  last  of  the  Mohicans,  the  last  of  that  long  list  of 
statesmen  who  once  belonged  to  the  late  Democratic 
party,  and  I  beji  to  uncover  in  the  presence  of  the  pale 
memory  of  such  a  thing." — United  States  Senate, 
February  3, 1881. 


h 


ROSCOE  CONKLING. 


201 


Ketort  and  Compliment  to  Thurman. 


During  a  Senatorial  speech  Conkling  turned  fre- 
quently to  look  upon  that  intellectual  giant  whom 
he  admired,  Senator  Thurman,  until  Mr.  Thurman, 
heing  annoyed,  asked  why  the  Senator  from  New 
York  turned  to  him  so  frequently.  Instantly  Conk- 
ling deferentially  and  kindly  replied:  "Mr.  President, 
when  I  turn  to  the  Senator  from  Ohio,  I  beg  to  assure 
him  that  I  turn  to  him  as  the  Mussulman  turns 
toward  Mecca;  I  turn  to  him  as  I  would  turn  to  the 
common  law  of  England,  the  world's  most  copious 
fount  of  jurisprudence." — While  defending  General 
Sheridan  in  United  States  Senate,  January  28,  1875. 


During  Last  Six  Years  Made  |300,000. 

During  his  last  six  years'  practice  of  the  law  in 
New  York  city,  after  retiring  form  politics  in  1881, 
poorer  than  when  he  went  in,  hp  not  only  paid  every 
obligation,  but  amassed,  for  a  lawyer,  a  large  fortune. 
His  annual  receipts  from  his  practice  exceeded  $50,- 
000,  and  were  steadily  increasing,  when  death  ended 
his  earthly  career,  which  was  probably  brought  about 
by  his  walking,  in  the  spring  of  1888,  from  Wall  street 
to  Twenty-fifth  street,  arm-deep  in  a  blinding  snow- 
storm, which  took  thrv'e  hours,  so  great  that  when 
he  went  to  leave  his  office  late  at  night  a  cabman 
asked  him  |50  to  take  him  home,  which  he  would 
not  pay. — Conkliug's  Life  and  Letters,  page  G99. 


203 


LIFE  SKETCH  OF 


"Settle,"  Said  A^aiulerbilt. 

Ill  18G9,  after  receivinj'-  a  verdict  for  |18,000 
against  tlie  New  York  Central  llailwa}',  the  case  was 
settled,  while  pending  an  appeal,  for  |10,000  cash,  the 
company  paying  all  the  costs  and  CVuikling's  fee. 
Cornelius  Vaiulcrhilt,  llie  [nvsident  of  the  company, 
reiuarLing:  "Pa^'  the  amount  of  the  verdict,  for  if 
Colliding  tries  this  case  again  he  may  make 
it  ^^50,000." 


The  Budge  Murder  Trial. 

In  llie  Budge  murder  trial,  in  1801,  Conkling  be- 
came a  quasi  physician,  and  saved  his  client  ironi  the 
gallows.  The  Kev.  Henry  Budge  was  cliarged  by  his 
enemies  in  the  churdi  with  murdering  his  wife,  who 
suicided  by  cutting  her  throat  in  bed.  Conkling  had 
the  doctors  against  him,  and  mastered  the  physiolog- 
ical aspects  of  the  case,  studying  the  human  system 
by  the  aid  of  a  skeleton  which  he  procured  for  that 
purpose,  and  kept  Dr.  Aionzo  Clark  up  tlie  entire 
night  before  the  trial,  answering  his  questions, 
which  he  absorbed  with  such  avidity  that  Dr. 
Clark  said  afterward:  "Cou]<1ing  Icirned  in 
a  few  days  what  it  took  me  thirty  years  to 
lind  out."  At  tin'  trial  he  refuted  the  theory 
of  the  e  :perts  as  to  strangulation,  the  ca- 
I»acity  f  the  human  lungs,  ami  other  th(M)ries  of  the 
murder,  advanced  by  tlu?  jirosecution.  The  defend- 
ant was  ac(|uitted  by  the  jiiry  without  retiring  from 
their  seats. 


ROSCOE  CONKLING. 


203 


Two  Important  Cases. 

Jii  1885  the  case  of  Marie  et  al.  v.  Garrison,  in 
^^hicb  Mr.  Conkliug  Avas  leading  counsel  for  the 
plaintiffs,  was  settled  by  the  payment  of  11,000,000. 
Mr.  Conkling's  fee  Avas  .^50,000.  And  in  the  case  of 
VaruswortL,  receiver  for  the  Bankers'  and  Merchants' 
lelegraph  company,  y.  the  Western  Union,  a  verdict 
of  $240,000  was  recovered.  A  laAvyer  who  attended 
the  latter  trial  said:  "Mr.  Conkling  surprised  us  all 
by  coming  to  New  York  when  upward  of  fifty  years 
old,  and  in  the  face  of  so  much  competition  acquiring 
such  a  large  and  lucrative  practice." 


SM 


LIFE  SKETCH  OF 


THOMAS  McINTYRE  COOLEY,  MICHIGAN. 
(1824 ) 

The  most  freqi.  y  quoted  authority  on  Amer- 
ican Constitutional  law.  Born  at  Attica,  New  York, 
January  G,  1824.  Was  the  son  of  a  farmer  of  limited 
means.  Attended  the  common  schools  until  fourteen, 
and  was  taught  the  classics  in  private  schools.  Be- 
gan to  read  law  pt  nineteen  with  Theron  K.  Strong, 
at  Palmyra,  New  York.  Moved  to  Michigan  in  1843, 
and  finished  his  law-reading  in  Adrian,  being  ad- 
mitted at  twenty-two.  He  was  appointed,  in  1859, 
one  of  three  professors  to  organize  the  law  school 
at  the  University  of  Michigan,  and  held  the  position 
until  1884.  He  delivered  several  courses  of  lectures 
afterward,  on  governmental  subjects,  at  Michigan  and 
Johns  Hopkins  universities  and  one  at  Yale,  Received 
the  degree  of  LL.D.  from  Michigan  and  Harvard  uni- 
versities. He  occupied  a  seat  upon  the  Supreme 
Bench  of  Michigan  for  twenty-one  years  (1804-85). 
Was  appointed  chairman,  1887,  of  the  Inter-State 
Commerce  Commission,  but  resigned  on  account  of 
ill-health  in  1891.   While  on  the  bench  he  wrote  "Con- 


THOMAS  McINTYRE  COO  LEY 


206 


Btitutional  Limitations"  (1868),  now  an  authority 
both  here  and  abroad;  "Cooley's  Blackstone's  Com- 
mentaries" (1870);  "Story  on  the  Constitution,  an- 
notated" (1873);  "Taxation"  (1876);  "Torts"  (1879); 
"Manual  of  Constitutional  Law"  (1880).  At  the  re- 
quest of  the  author,  he  furnished  notes  for  Bryce's 
American  Commonwealth,  and  wrote  the  History 
of  Michigan  for  the  Commonwealth  Series. 

He   has   been    a   constant    and    much    sought 
contributor   to   current  magazines   and   the   stand- 
ard   cyclopedias.        He    has    delivered    numerous 
important  addresses  throughout    the  country,  nota- 
bly   one    before    the    Indiana    Historical    Society, 
in    1887,    upon    the    Acquisition    of      Louisiana, 
and   one   at    Ann   Arbor,   in    1893,   on     Hawaiian 
Annexation,  afterwards  published  in  the  Forum.    Mr. 
Coulej'  exemplifies  in  his  life  his  own  ideal,  being 
pure,  courteous,  faithful  and  just.      His  whole  life 
has  been  characterized  by  incessant  labor,  and  the 
untiring  devotion  with  which  he  has  applied  himself 
to  his  work  has  made  his  name  immortal. 


206  LIFE  SKETCH  OF 

Greatest  Writer  on  Constitutional  Law. 
♦'He  is  the  greatest  American  writer  on  Consti- 
tutional law.  His  books  are  essential  in  the  library 
of  every  practitioner.  His  political  views  have  been 
of  an  indepenaent  kind  for  years."— Kansas  City 
Journal,  April  19,  1883. 


WILLIAM  FRIERSON  COOPER. 


207 


^VILLIAM  FKTERSON  COOl^ER,  TENNESSEE. 

(1820 ) 

Olio  of  tlio  ablosi  chancery  hiwyors  of  the  South. 
IJorii  ill   Williiunson  county,    Tennessee,  March  11, 
1820.      Is  of  Scotch-Irish  descent.     Learned  Frendi 
at  twelve;  was  always  ahead  of  his  classes,  and  grad- 
uated at  Yale  at  eij^hteeii;  studied  medicine  two  years 
at  the  University  of  Pennsylvania,  abandoning-  which, 
he  entered  at  once  into  an  equal  partnershix)  with 
Chancellor  Samuel  D.'Frierson,  of    Columbia;     ad- 
mitted   at    twenty-one.       Was    led    to     the    study 
of      law     by     attending-     a     mock     lawsuit,      in 
which    counsel    did    so    poorly     he     involuntarily 
arose   and    addressed   the    court,    after   which    he 
was    the    cynosure    of    all    eyes.      He    spent    the 
next  three  years  in  practice  and  study;  formed  a  part- 
nership with  Hon.  A.  O,  1*.  Nicholson,  of  Nashville, 
late  Chief  Justice  of  the  Tennessee  Supreme  Court. 
ITis  arguments  in  the  State  Superme  Court  in  184G 
were  favorably  noticed,  one  being  expressly  referred 
to  and  adopted  by  the  court  (l^rown  v.  Van  Lier,  7 
Uum.^.      He  was  the  unanimous  choice  of  the  Nash- 


208 


LIFE  SKETCH  OF 


ville  bar  in  1851  for  the  place  of  Chancellor  Cahal, 
deceased,  but  declined  the  honor,  learning  that  Judge 
Nicholson  would  accept.  Formed  a  partnership  that 
year  with  Hon.  Andrew  Ewing,  which  continued  for 
ten  years,  when  he  was  elected  Judge  of  the  Tennes- 
see Supreme  Court. 

With  Return  J.  Meigs,  he  revised  and  digested, 
in  1852,  the  Tennessee  General  Statutes,  the  analytic 
plan  of  the  present  code  being  exclusively  the  work  of 
Judge  Cooper.  He  succeeded,  in  1861,  the  Hon.  R. 
L.  Caruthers,  who  resigned,  on  the  Supreme  Bench  of 
Tennessee,  and  later  formed  a  partnership  with  him. 
In  1872  he  was  appointed  by  the  Governor,  Chancellor 
of  [ho  Nashville  Chancery  District,  being  elected  to 
the  same  office  in  1874.  He  superintended,  in  1870, 
the  re-publication  of  the  early  reports  of  his  Stivte, 
re-writing  the  head  notes  to  the  first  eight  volura«.s. 
lie  is  the  type  of  a  gentleman  of  temperate  and  cheer- 
ful disposition;  possesses  a  competence,  living  in  New 
York  city,  and  is  one  of  the  great  little  men,  of  th<' 
Stepheu  A.  Douglas  type. 


JOHN  PHILPOT  CUKRAM. 


209 


JOHN  PHILPOT  CURRAN,  IRELAND. 

(1750-1817) 

Next  to  Ei'skine  as  a  jury  lawyer,  and  the  most 
popular  advocate  of  his  time.  Born  at  Newmarket, 
Ireland,  July  24,  1750;  died  near  London,  October 
14,  1817,  aged  sixty-seven.  Was  the  son  of  a  peas- 
ant, but  received  a  good  education,  graduating  after 
four  years'  study  at  Trinity  College,  Dublin,  at  twen- 
ty-three. Was  distinguished  in  classics,  reading 
Homer  yearly  and  Virgil  daily.  Called  to  the  bar 
at  twenty-five;  member  of  Parliament  at  thirty-two; 
Master  of  Rolls  for  Ireland  in  1800,  but  would  have 
preferred  Attorney  Generalship;  resigned  in  1814  on 
account  of  ill-health.  In  the  height  of  his  popular- 
ity his  wife  eloped.  He  obtained  a  verdict  against 
her  seducer,  but  would  not  touch  the  damages  award- 
ed, even  gave  her  an  allowance,  and  went  to  see  her 
when  supposed  to  be  dying. 

He  was  not  renowned  as  a  parliamentarian  or 
judge.  His  imagination  predominated  over  his 
learning.  His  most  noted  speeches  w'ere  in  defense 
of  persons  charged    with  political    offenses— Tone, 


aio 


LIFE  SKETCH  OF 


Eov/an,  Boiul,  the  brotliors  Sliearos,  Jackson,  Finney, 
Fitzgerald,  Finnerty  and  Kirwan.  Auotliei*  great 
effort  was  for  plaintiff  in  Massey  v.  ITeadfort,  for  crim- 
inal conversation,  recovering  ji  verdict  for  .1^50,000. 
In  his  first  case  he  was  so  timid  he  was  speechless, 
and  dropped  his  brief.  Notwithstanding  his  early 
diifhlence,  stnttering  articulation,  harsh,  shrill  voice, 
small,  slim  body,  and  awkward,  boyish  manner,  he 
became,  by  hard  stndy,  constant  practice,  and  indom- 
itable will,  a  master  of  English,  French  and  classic 
literature,  and  one  of  the  most  eloquent  and  powerful 
forensic  advocates  the  world  has  seen.  Probably 
gaA'e  birth  to  more  enjoyment,  uttered  more  wit,  and 
had  a  greater  command  of  invective  than  any  con- 
temporary. Soared  in  every  region,  and  was  at  home 
in  all;  touched  everything,  and  seemed  to  have  cre- 
ated it;  mastered  the  human  heart  with  the  same 
ease  he  did  his  violin.  ITis  auditors  wept,  and 
laughed  and  wondered.  Byron  said:  "I  have  heard 
him  speak  more  poetry  than  I  have  ever  seen  written." 


Dignity. 

"The  essence  of  dignity  consists  much  more  in 
lest  than  in  action." — From  letter  to  Duke  of  Essex, 


•JOHN  PHILPOT  CURRAN.  211 

Heart  Ktinniug  Away  With  llim. 

"I  feel  my  lieart  niiiiiiug  away  with  nie^— tlie 
worst  men  only  can  be  cool." — From  argument  for 
the  SheareseH. 

The  Sea— Sand  and  Waves  Of. 

"\\'here  the  public  calamity  generates  imps  like 
these,  their  number  is  as  the  sands  of  the  sea,  and 
their  fury  as  insatiable  as  its  Avaves" — From  Ilevy  v. 
Sirr  for  false  imprisonment. 

Grimaces  of  a  Baboon. 

"Protect  me  from  the  obscene  and  unnatural 
grimaces  of  a  baboon."— Said  to  the  seneschal,  when 
looked  upon  by  Mr.  Bell,  an  opposing  candidate  for 
J'arliameut,  "with  a  very  peculiar  expression  of  coun- 
tenance." 

Jn  Consultation  With  a  Dog. 

Lord  Clare,  between  whom  and  Curran  there  was 
mutual  dislike,  instead  of  giving  attention  to  Curran 
was  fondling  his  dog.  Curran  stopped  and  said: 
"1  beg  pardon;  1  thought  you  were  in  consultation." 

One's  Family. 

"What  reward  can  be  more  precious  than  the 
confidence  and  affection  of  those  for  whom  we  could 
not  think  any  sacrifice  too  great." — From  Reply  t*) 
the  Catholic  Board. 


212 


LIFE  SKE  TCIT  OF 


An  Iiult'pt'iulenl  Bar. 

"The  indopcndeiuo  of  (he  bar  is  the  only  im- 
failing  safeguard  of  justice,  and  of  Ihal  liberty  with- 
out which  justice  is  but  a  name." — Idem. 

Truth  and  Error. 

"Truth  is  to  be  sought  only  by  slow  and  ])ainful 
progress.  Error,  in  iis  nature,  is  tlii)i)ant  and  compen- 
dious; it  hops,  witli  airy  and  fastidious  levity,  over 
proofs  and  arguments,  and  i»ei'ches  upon  assertion 
which  it  calls  conclusion." 

I)e»  unciation  of  Ihe  Perjurer,  O'nrieu. 

"Do  you  not  see  him  <'oiling  himself  in  tlu'  scaly 
circles  of  his  ])erjui'3',  making  antlcij»a((Ml  battle 
against  (he  attack  that  he  knew  would  be  made,  and 
spitting  his  venom  against  the  man  that  might  have 
given  evidence  of  the  infamous  character,  if  he  dar<'d 
appear?" 

Love. 

"Love  is  a  noble  and  generous  jtassion;  it  cau 
be  founded  only  on  a  juire  and  ard<Mit  fiiendship,  on 
an  exalted  respect,  on  an  implicit  confidence  in  its 
object." — From  speech  in  Massey  v.  Ileadfort. 

Outburst  to  a  Jury. 

"Did  they  suppose  the}'  were  ad<lressing  the  liq- 
uorish loyalty  of  a  guzzling  corporation?" — From 
speech  in  defense  of  Dr.  Drennan,  1794. 


JO  HA'  PlTILFOr  CUKKAN. 


213 


Slavery. 

"Xo  iiialtor  with  what  Holeninity  he  may  have 
liciii  (Icvoicd  ii])«>ii  the  altar  of  slavery — the  inonieiit 
lie  touehes  the  .sacred  soil  of  liritain,  the  altar  and  the 
j;«)d  sink  toj'ether  in  the  dust ;  his  soul  walks  abroad 
in  her  own  majesty;  his  body  swells  beyond  the  meas- 
ure of  his  chains,  that  burst  from  around  him;  and 
he  stands  redeemed,  regenerated,  and  disenthralled 
by  the  irresistible  {genius  of  universal  emancipation." 
—From  speech  in  def«'nse  of  A.  II.  Kowan  for  sedi- 
tious libel. 

Irishman's  Heart. 

"The  heart  of  an  Irishman  is  by  nature  bold,  and 
he  confides;  it  is  tender,  and  he  loves;  it  is  generous, 
and  he  gives;  it  is  social,  and  he  is  hospitable." — 
From  Massev  v.  Ileadfort. 


Scotland. 

"To  what  other  cause,  gentlemen,  can  you  ascribe 
that,  in  the  wise,  the  retlecting,  and  the  philosophic 
nation  of  (Jreat  Britain,  a  printer  has  been  gravely 
found  guilty  of  a  libel,  for  ])ublishing  those  resolu- 
tions to  which  the  present  Minister  of  that  kingdom 
had  actually  subscribed  his  name?  To  Avhat  other 
cause  can  you  ascribe,  what  in  my  mina  is  still  more 
astonishing,  in  such  a  country  as  Scotland — a  nation 
cast  in  the  happy  medium  between  the  spiritless  ac- 
quiescence of  submissive  poverty,  and  the  sturdy  ere- 


m 


LIPE  SKETCH  Off 


dulity  of  pampered  wealth — cool  and  ardent — adven- 
turous and  persevering — winging  her  eagle  flight 
against  the  blaze  of  every  s..ience,  with  an  eye  that 
never  winks,  and  a  wing  that  never  tires — crowned,  as 
she  is,  with  the  spoils  of  every  art,  and  decked  with 
the  wreath  of  every  muse,  from  the  deep  and  scru- 
tinizing researches  of  her  Hume,  to  the  sweet  and  sim- 
ple, but  not  less  sublime  and  pathetic,  morality  of 
her  Burns — how,  from  the  bosom  of  a  country  like 
that  genius  and  character  and  talents,  should  be 
banished  to  a  distant,  barbarous  soil,  condemned  to 
pine  under  the  horrid  communiou  of  vulgar  vice  and 
base-born  profligacy,  for  twice  the  period  that  oiui 
nary  calculation  gives  to  the  continuance  of  human 
life?" — From  defense  of  A.  H.  Rowan  for  seditious 
libel. 

Denunciation  of  a  Witness. 

"And  shall  such  a  pitiful  miscreant,  after  he  has 
been  worked  upon  by  the  fear  of  <leath  and  the  lio[)e 
of  compensation,  be  brought  out  to  give  evidence 
against  his  fplh  ws?  Shall  the  mild  and  wholesome 
councils  of  this  government  be  lield  over  catacombs  of 
living  death,  where  the  wretch  tliat  is  buried  a  man, 
lies  till  his  heart  has  time  to  fester  and  dissolve,  and 
is  then  dug  up  as  a  witness?  Is  this  a  picture  cre- 
ated by  a  hag-ridden  fancy,  or  is  it  fact?  Have 
you  nut  seen  him,  after  his  resurrection  from  that  re- 
gion of  death  and  corruption,  make  his  appearance 
upon  the  table,  the  living  image  of  life  and  of  death. 


JOHN  PHILPOT  CUR  RAN. 


21  Tj 


and  the  supreme  arbiter  of  both?  Ihive  you  not 
marked  when  he  entered,  how  tlie  stormy  wave  of 
the  multitude  retired  at  his?  approach?  Have  you  not 
seen  how  the  human  lieart  bowed  to  tlie  supremacy 
of  his  power,  in  the  undissembled  homage  of  deferen- 
tial horror?  How  his  glance,  like  the  lightning  of 
heaven,  seemed  to  rive  the  body  of  the  accused,  an<i 
mark  it  for  the  grave,  while  his  voice  warned  the  de- 
voted wretch  of  woe  and  deatli — a  death  wliich  no 
innocence  can  escape,  no  art  elude,  no  force  resist,  no 
antidote  prevent?  There  was  an  antidote — a  ju- 
ror's oatli! — but  even  that  adamantine  chain,  that 
bound  the  integrity  of  man  to  the  throne  of  eternal 
justice,  is  solved  and  molten  in  the  breath  that  is- 
sues from  the  informer's  mouth;  conscience  swings 
from  her  moorings,  and  the  appalled  and  affrighted 
juror  consults  his  own  safet}'  in  the  surrender  of  the 
victim!" — From  speech  in  defense  of  Fiuuerty  for  li- 
bel, 1797. 

Curran's  Gratitude. 

"Allow  me,  gentlemen,"  said  Curran,  one  even- 
ing, to  a  large  party,  "to  give  you  a  sentiment.  "  hen 
a  boy,  I  was  one  morning  playing  at  marble^^  in  the 
village  of  Ball-Alley,  with  a  light  heart,  and  a  lighter 
pocket.  The  gibe  and  jest  wejit  gladly  round,  and 
when  suddenly  among  us  apjteared  a  stranger,  of  a 
remarkable  and  very  cheerful  aspect;  his  intrusion 
was  not  the  least  re;jtraint  upon  our  merry  little  as- 
semblage.     He  was  a  benevolent  creatuie,  and  tlie 


216 


LIFE  SKETCH  OF 


days  of  infancy  (after  all,  the  happiest  we  shall  ever 
see)  perhaps  rose  upon  his  memory.      Heaven  bless 
him!      I  see  his  fine  form  at  the  distance  of  half  a 
century,  just  as  he  stood  before  me,  in  the  little  Ball- 
Alley,  in  the  day  of  my  childhood.      I  lis  name  was 
lioyse;    he  was  the  rector  of  Newmarket.      To  me  he 
took  a  particular  fancy.      I  was  winning  and  full  of 
waggery;  thinking  of  everything  that  was  eccentric, 
and  by  no  means  a  misoT*  of  my  eccentricities;  every 
one  was  welcome  to  a  share  of  them,  and  I  had  jdenty 
to  spare,  after  having  freighted  the  company.     Some 
sweetmeats  easily    bribed  me    home  with  him.      I 
learned  from  Royse  my  alphabet,  and  my  grammar 
and  the  rudiments  of  the  classics.  ITe  taught  me  all  he 
could,  and  then  he  sent  me  to  a  school  at  Middleton. 
In  short,  he  made  me  a  man.      I  recollect,  it  was  about 
thirty-five     years    afterwards,    when    I    had    risen 
to     some    eminence    at     the    bar,     and     when     I 
had    a    seat    in    Parliament,    on    my    return    one 
day    from     the    court,     1   found     an    old     gentle- 
man   seated    a'one   in    my    drawing-room,    his  feet 
familiarly  placed  on  each  side  of  the  Italian  marble 
chimn('y-i)iece,  and  his  Avhole  air  bespeaking  the  con- 
sciousness of  one  quite  at  home.      lie  turned  round — 
it  was  my  friend  of  Ball-Alley.      I  rushed  instinctive- 
ly into  his  arms,  and  burst  into  tears.      Words  can- 
not describe  the  scene  which  followed.    You  are  right, 
sir, — you  are  right.     The  chimney-piece  is  youi*s — the 
pictures  are  yours — the  house  is  yours.     You  gave 
me  all  I  have — my  friend, — my  benefactor!    He  dined 


•JOHN  PHILPOT  CURRAN. 


217 


Avith  me,  and  in  the  evening  I  caught  the  tear  glisten- 
ing in  his  fine  blue  eye,  when  he  saw  poor  little  Jack, 
the  creature  of  his  bount}',  rising  in  the  House  of 
Commons  to  reply  to  a  riglit  honorable.  Poor  Boyse! 
He  is  now  gone;  and  no  suitor  liad  a  larger  deposit 
of  practical  benevolence  in  the  Court  above.  This 
is  his  wine — Jet  us  drink  to  his  memory!" — Law  and 
LiiAvyers,  page  28. 

Multiplication  of  Penal  Laws. 

"The  multiplication  of  penal  laws  lessens  the 
value  of  life,  and  when  you  lessen  the  value  of  life, 
you  lessen  tlie  fear  of  death." — From  speech  in  case 
of  Lady  Pamela  Fitzgerald,  1798. 

His  Industry  at  College. 

"I  sliall  continue  to  read  ten  hours  every  day, 
seven  at  law  and  three  at  history,  or  the  principles  of 
politics;  and  tl^.t  I  may  have  time  enougli,  I  rise  at 
half  after  four.  I  have  contrivtHl  a  machine  after 
the  manner  of  an  liour-glass,  whicli,  perliaps,  you  may 
be  curious  to  know,  which  wakens  me  regularly  at 
tliat  lioui'.  Exactly  over  my  head  I  have  suspended 
two  vessels  of  tin,  one  above  the  other;  when  I  go  to 
bed,  which  is  always  at  ten,  I  pour  a  bottle  of  water 
into  the  u])per  vessel,  in  the  bottom  of  whit-h  is  a  hole 
of  such  size  as  to  let  the  water  pass  through,  so  as  to 
make  the  inferior  reservoir  overflow  in  six  hours  and  a 
half.  1  have  had  no  small  trouble  in  i)roportioning 
these  vessels,  and  I  was  still  more  puzzled  for  awhile 


218 


LIFE  SKETCH  OF 


liow  to  confine  my  head,  so  as  to  receive  the  drop,  but 
I  liave  at  length  succeeded." — From  a  letter  while  at 
London,  at  school. 

Invective  Against  Lord  Clare. 

"On  grounds  like  these,  for  I  can  conceive  no 
other,  do  I  suppose  the  rights  of  the  city  were  de- 
fended at  the  time  to  which  I  have  alluded;  for  it  ap- 
pears, by  the  records  which  I  have  read,  that  the  city 
was  then  heard  by  her  counsel;  she  was  not  denied 
the  form  of  defense,  though  she  was  denied  the  ben- 
efit of  the  law.  In  this  very  chamber  did  the  Chan- 
cellor and  Judges  sit,  with  all  the  gi'avity  and  affected 
attention  to  arguments  in  favor  of  that  liberty  and 
those  rights  which  they  had  conspired  to  destroy. 
But  to  what  end,  my  lord,  offer  argument  to  such 
men?  A  little  and  a  peevish  mind  may  be  exasper- 
ated, but  how  shall  it  be  corrected  by  refutation? 
How  fruitless  would  it  have  been  to  represent  to  that 
wretched  Chancellor  that  lie  an  is  betraying  those 
rights  which  he  was  sworn  to  maintain;  that  he  was 
involving  a  government  in  disgrace,  and  a  kingdom  in 
panic  and  consternation;  that  lie  was  violating 
every  sacred  duty,  and  every  solemn  engagement  that 
bound  him  to  himself,  his  country,  his  sovereign  and 
his  God!  Alas!  my  lords,  by  what  arguments  could 
any  man  hope  to  reclaim  or  dissuade  a  mean,  illiberal 
and  unprincipled  minion  of  authority,  indiu  ed  by  his 
profligacy  to  undertake,  and  bound  by  his  avarice  and 
vanity  to  preserve?    He  would  probably  have  replied 


JOHtf  PITILPOT  CURRAAT. 


219 


to  the  most  unanswerable  argnments  by  some  curt, 
contumolious  and  unmoaninj'"  ajwllipjini,  delivered 
Avitb  flie  fretful  smile  of  irritated  self-sufficiency  and 
disconcerted  arrogance:     or    even    if    be    could    be 
dragged    by    bis      fears    to    a    consideration     of 
the    question,    by    wbat    miracle    could     tbe    pig- 
my   capacity    of    a    stunted    pedant    be    enlarged 
to    a    reception    of    tbe    subject?      Tbe     endeavor 
to  approach  it  would   bave  only  removed  bim  to  a 
greater  distance    than  be  Avas    before,  as  a    little 
liand  that  strives  to  grasp  a  migbty  gbd)e  is  thrown 
back  by  the  reaction  of  its  own  efforts  to  comprehend. 
It  maybe  given  to  a  Hale  or  an  Ilardwicke  to  discover 
and  retract  a  mistake:    the  errors  of  such  men  are 
only  specks  that  arise  for  a  moment  upon  the  surface 
of  a  splendid  luminary:  consumed  by  its  heat,  or  ir- 
radiated by  its  light,  they  soon  iiurge  and  disappear; 
but  the  pervei-seness  of  a  mean  and  norrow  intellect 
are  like  the  excrescences  that  grow  upon  a  body  nat- 
urally cold  and  dark; — no  fire  to  waste  them,  and  no 
ray  to  enlighten,  they  assimilate  and  coalesce  witb 
those  qualities  so  cong«Miial  to  their  nature,  and  ac- 
quire an  incorrigible  p«'rmanency  in  tbe  union  with 
kindred  frost  and  kindred  opacity.      Nor,  indeed,  my 
lords,  except  where  (he  intercut  of  millions  can  be 
aflected  by  the  folly  or  the  vice  of  an  individual,  need 
it  be  much  regretted,  that  to  things  not  worthy  of  be- 
ing made  better  it  hath  not  pleased  Providence  to  af- 
ford the  privilege  of  improvement." 


220 


LIFE  SKETCH  OF 


His  Tilt  Avitli  Judge  Kobinson. 

Wlien  ji  young  iiian,  nnd  struggling  with  pover- 
ty, he  had  a  case  to  argue  in  Judge  Robinson's  court, 
who  OAved  his  elevation  io  liis  sycophancy  to  power 
and  certain  miserably  written  political  pamphlets, — 
and  in  controverting  a  position  of  th(>  opposing  coun- 
sel, Curran  remarked  that  he  had  studie<l  all 
his  law  books,  and  could  not  find  a  single 
case  where  the  i)rinciide  contended  for  Avas 
established.  "I  susi)ect,  sii*,"  interrui)ted  the 
judge, — "I  susi)ecl  that  your  law  library  is 
rather  contracted."  Curran,  feeling  the  sneer  at 
his  i)0verty,  looked  the  judge  scjuare  in  the  face,  and 
said:  "It  is  true,  my  lord,  that  I  am  i)oor,  and  the 
circumstance  has  i-ather  curtailed  my  library;  my 
books  are  not  numerous,  but  they  are  select,  and  I 
hoi)e  have  been  pursued  Avith  jtroper  dispositions.  I 
have  prei)ared  myself  for  this  high  profession  rather 
by  the  study  of  a  few  good  books  than  by  the  composi- 
tion of  a  great  many  bad  ones.  1  am  not  ashamed  of 
my  i)overty,  but  1  slionld  be  of  my  Avealth,  could  I 
stoop  to  acquire  it  by  servility  and  corruption.  If 
I  rise  not  to  rank,!  shall  at  least  be  honest;  and 
should  I  ever  cease  to  be  so,  nmny  an  example  shoAVs 
me  that  an  ill-acquired  elevation,  by  making  me  the 
more  conspicuous,  Avould  only  make  me  the  more  uni- 
versally and  the  more  notoriously  contemptible." 

To  have  committed  Curran  for  coutem]d  Avould 
have  been  to  acknoAvledge  the  api)lication  of  the  sar- 


JOHN  PIIILPOT  CUR  RAM. 


221 


i 


fiism;  and  he  was  allowed  to  proceed,  but,  thinkinj^ 
Hie  inatler  ovei'.  tlu?  .in<lj4e  suddenly  said:  "Sir,  you 
iive  for^ettinji'  the  res]»e(t  Mliich  }ou  owe  to  the  di<;- 
iiily  of  1  he  judicial  character."  "Di«;nity!"  exclaimed 
(hirran;  "My  lord,  upon  Ihat  point  I  shall 
cite  you  a  case  from  a  book  of  some  au- 
thority,    with       which       you     are,     perhaj 


inacquainted. 


»s,  not 
He  then  liHelly  recited  the 
slory  of  Strap,  in  Itodciick  Kandom,  who,  having 
slii]>i»ed  off  his  coat  to  ti<>]it,  intrusted  it  to  a  by- 
slander.  When  the  battle  was  over  and  he  was  well 
beaten,  he  turned  to  resume  it,  but  the  man  had  car- 
ried it  off.  Curran  thus  ajjpHed  the  tale:  "So,  my 
hu'd,  Avhen  the  ])ei'son  intrusted  with  the  dignity  of 
the  judgment  seat,  lays  it  aside  for  a  moment  to  en- 
ter into  a.  disgra<'eful  contest,  it  is  in  vain,  when  he 
lias  been  worsted  in  tlie  encounter,  that  he  seeks  to 
slu'lter  himself  behind  an  authority  which  he  has 
abandoned."  "If  you  say  another  word,  I'll  commit 
you,"  replied  the  angry  judge;  to  Avhich  Curran  re- 
torted: "If  your  lordship  shall  do  so,  we  shall  both  of 
us  have  the  consolatioji  of  reflecting  that  I  am  not  the 
worst  thing  your  lordship  has  committed." — Whip- 
ide's  Success  and  Its  Conditions,  page  134;  also  Law 
and  Lawyers,  page  lid. 


The  Light  of  Society,  Etc. 

"('urran — the  light  of  societ}'— the  glory  of  the 
forum — tbe  Fabricius  of  the  Sbnate — the  idol  of  his 
country." — Charles  Phillips. 


222 


LIFE  SKETCH  OF 


More  Law  in  Pocket  than  Head. 

At  one  time  he  was  oi)i)osecl  in  a  case  by  a  big 
bully  of  a  lawyer,  who,  angered  at  some  of  his 
intellectual  thrusts,  said  he  would  pick  Curran  up 
(who  was  Aery  small),  and  put  him  in  his  pocket. 
"Do  I"  Avas  Currau's  quick  retort,  "and  you'll  have 
more  law  in  your  i)Ocket  than  you  ever  had  in  your 
head!" 

At  Burns'  Uirthplace. 

Curran,  a  man  whose  genius  was  akin  to  that 
of  Burns,  and  whose  failing  was,  alas,  the  same,  vis- 
ited the  cottage  in  which  the  poet  was  born,  and  said 
this  of  it:  "Poor  Burns!  his  <-abin  could  not  be  passed 
unvisited  or  unwept;  to  its  two  little  thatclied  rooms 
— kitchen  and  sleeping  ])lace— a  slated  sort  of  parlor 
is  added,  and  it  is  now  an  ale-house.  We  f<Mind  tin' 
keeper  of  it  tii)sy;  he  pointed  to  the  corner,  on  oiip 
side  of  the  fire,  and  with  a  most  malapropos  laugh, 
observed:  'There  is  the  spot  Avliere  Robert  Burns  was 
born.'  The  genius  and  the  fate  of  the  man  Avero 
already  lieaAy  on  my  heart,  but  the  drunken  laugh 
of  the  landlord  gave  me  such  a  vicAV  of  the  rork  on 
Avhich  he  foundered,  1  could  not  stand  it,  but  bui-st 
into  tears." — Prentis'  Kansan  Abroad,  page  155. 

As  to  His  Intemperance. 

"His  deviations  from  temperance  Avere  not  fre- 
quent, and  made  but  exceptions  to  his  usual  habits 
(►f  sobriety,"  is  the  testimony  of  his  friend,  O'Regan. 


S 


JOHN  PHIL  POT  CUR  RAN. 

His  Studies. 


928 


He  studied  and  practiced  oratory  daily,  reading 
and  speaking  alone  aloud  and  slowly.  He  regarded 
Antony's  oration  over  Caesar's  dead  body  the  most 
perfect  specimen  of  oratory.  Was  an  admirer  of  the 
classics  and  the  Bible.  The  favorite  authors  of  his 
youth  were  Sterne,  Junius'  Letters  and  Thompson's 
Seasons.  Was  fond  of  historical  studies,  and  sym- 
pathized with  the  American  Revolution.  Was  an  ar- 
dt^nt  reader  of  novels  all  his  life,  as  was  O'Connell. 

"Felt  Aloud." 

Some  one  has  said:  "It  was  not  that  his  reason- 
'ngs  were  subtle,  his  topics  imposing  or  his  periods 
Mowing;  all  of  these  may  be  found  in  others;  but 
what  he  passionately  conceived,  he  could  convey  in 
passion's  proper  idiom.      He  'felt  aloud.' " 

Chalking  the  Size  of  His  Body. 

He  was  once  called  out  by  a  large,  stout  brother 
at  the  bar,  and  at  last  Curran  challenged  him  to  fight 
a  duel.  The  large  man  objected,  on  the  ground  that 
the  match  was  unfair.  "You  are  so  small,"  said  the 
objecting  counsel,  "that  I  might  fire  at  you  a  dozen 
times  without  ever  touching  you  once;  whereas  the 
chance  is  that  you  shot  me  at  the  first  fire."  "To 
convince  you,"  said  Curran,  "that  I  have  no  wish  to 
take  advantage  of  you,  you  shall  chalk  my  size  upon 
your  body,  and  hits  beyond  the  ring  go  for  nothing." 
-  Law  and  Lawyers,  page  14, 


224  LIFE  SKETCH  OF 

Mother  Wanted  Ilim  to  Be  a  Minister. 

Ilis  mother  regretted  tliat  lie  did  not  become  a 
minister,  instead  of  a  hiwyer,  and  di(»  a  bishop,  in- 
stead of  a  judge. 

Advice  to  tlie  Farmer. 

A  farmer  attending  a  fair  deposited  £100  with 
the  ]andh)rd  with  whom  he  stopped.  Tlie  next  d<\ 
when  he  applied  for  the  money,  his  host  affected  to 
know  nothing  of  the  business.  In  this  dilemma,  the 
farmer  consulted  Curran,  who  advised  him  to  take 
a  friend  and  go  to  the  landlord,  speak  civilly  to  him, 
and  tell  him  that  he  must  have  left  it  with  someone 
else,  and  leave  another  hundred  with  him.  Tliis  ad- 
vice was  reluctantly  followed.  Curran  tlicn  advised 
him  to  go  alone  to  the  landlord  and  ask  him  for  the 
£100.  lie  did  so  and  got  it.  Curran  then  told  him  to 
go  to  him  again  and  ask  for  the  £100,  with  his  friend, 
who  saw  him  leave  it  Avith  him.  It  is  needless  to  say 
the  landlord  saAV  he  was  caught,  and  gave  it  up. — 
Law  and  Lawyers,  page  30. 

nis  Experience  Fighting  a  Dog. 

Curran  used  to  relate  with  infinite  humor  an  ad- 
venture between  himself  and  a  mastiff,  when  he  was 
a  boy.  He  had  heard  some  one  say  that  any  person 
throwing  the  skirts  of  his  coat  over  his  head,  stooping 
low,  holding  out  his  arms  and  creeping  along  back- 
wards, might  frighten  the  fiercest  dog  and  put  him  to 


i  ;* 


JOHN  PiriLPOT  CUR  RAN. 


228 


fli{»1>t.  He  nrrordin^ly  ma'le  tlio  attonipt  on  a  mill- 
er's animal  in  the  noij^liboi'liood,  wlin  woiilrl  nevor  lot 
tlio  1k»,vs  I'ctb  llio  oi'chanl;  but  found  to  his  sorrow 
(liat  ho  had  a  <lojj;  to  doal  Avith  which  did  not  care 
what  ond  of  a  boy  went  foremost,  so  he  could  get  a 
jiood  bite  out  of  it.  "I  pursued  the  instructions," 
said  Curran,  "and  as  T  had  no  eyes  save  those  in 
front,  fancied  tlie  mastiff  was  in  full  retreat,  but  I 
was  confoudedly  mistaken,  for  at  the  very  moment 
I  thouj^ht  myself  victorious,  the  enemy  attacked  my 
rear,  and,  having  got  a  reasonably  good  mouthful  out 
of  it,  Avas  fully  prepared  to  take  another  before  I  was 
rescued.  Egad,  I  tJiought  for  a  time  the  beast  had 
«levoured  my  entire  center  of  gravity,  and  that  I 
should  nev(U'  go  on  a  steady  perpendicular  again." 
"ITjion  mv  word,"  said  Sir  Jonah  Harrington,  to 
wliom  Curran  related  this  story,  "the  mastiff  may 
'ii^e  left  you  your  center,  but  he  could  not  have  left 
much  gravity  behind  him,  among  the  bystanders." — 
Law  and  Lawyers,  page  54. 

Fought  Three  Duels. 

He  fought  three  duels  during  his  life — with  Fitz- 
gibbon,  Mr.  Egan  and  Mr.  Ilobart. 


Enmity  of  Lord  Clare. 

ITe  was  said  to  have  lost  $150,000  by  reason  of 
the  enmity  of  Lord  Clare,  who  gave  it  out  that  Cur- 
ran stood  no  chance  in  his  court. 


336 


LIFE  SKETCH  OF 


A  High  Ecclesiastical  Authority. 

Ciirran  Avas  once  enj»ago(l  in  a  legal  argument; 
behind  him  stood  his  colleague,  a  gentleman  whose 
person  was  remarkahly  tall  and  slender,  and  who  had 
originally  intended  to  take  holy  orders.  The  judges, 
observing  that  the  case  under  discussion  involved 
a  question  of  ecclesiastical  laAV,  "Then,"  said  Curran, 
"I  can  refer  your  lordship  to  a  high  authority  behind 
me,  who  was  intended  for  the  church,  though  in  my 
oX)inion  he  Avas  titter  for  the  steeple." — Law  and  Law- 
yers, page  138. 

His  Power  as  an  Advocate. 

"Some  of  Curran's  competitors  have  excelled  in 
cross-examination,  others  in  denunciation,  others  in 
persuasive  reasoning.  Curran  alone  excelled  in  all. 
lie  could  unravel  the  most  ingenious  Aveb  which 
I)erjury  ever  spun,  could  seize  on  every  fault  and  in- 
consistency, and  build  on  them  a  denunciation  ter- 
rible in  its  earnestness;  could  cajole  a  jury  into  a 
verdict  when  every  point  of  common  law  and  com- 
mon sense  seemed  arrayed  against  him." — Demis  AV. 
Douthwaite,  October,  '93,  Green  Bag. 


Braying  of  an  Ass. 

A  loud-talking  attorney  to  whom  Curran  was 
opposed  appealed  to  the  sherilf  to  stop  the  braying 
of  an  ass  while  he  was  speaking.  Curran  observed, 
"May  it  please  your  honor,  it  is  merely  an  echo." 


a 


JOHN  PHILPOT  CUR  RAN. 


327 


ilis  Appearance. 

"(Jurrau's  pcrHon  was  iiioau  and  decrepit,  very 
slig  il,  very  nliapeless,  with  nothiny;  of  the  geutleman 
about  it;  on  the  contrary,  displaying;  spindle  limbs, 
a  shainblin*^-  gait,  one  hand  imperfect,  and  a  face  yel- 
1(MV,  furrowed,  rather  Hat  and  thoroughly  ordinary. 
Vet  his  features  wei'e  the  very  reverse  «)f  disagreea- 
ble. There  was  souiething  so  indescribably  dramatic 
in  liis  eye  and  the  iilay  of  his  eyebrow,  that  his  visage 
secuKi!  the  index  of  his  mind,  and  his  humor  the  slave 
of  his  will.  His  very  foibles  were  amusing,  lie  had 
no  vein  for  poetry,  yet,  fancying  himself  a  bard,  he 
contrived  to  throw  off  i^retty  verses.  He  certainly 
was  no  n;usiclan,  but  conceiving  himself  to  be  one, 
played  very  pleasingly.  Nature  had  denied  him  a 
voice,  but  he  could  sing;  and  in  the  rich  mould  of  his 
capabilities  the  desire  had  bred  in  some  degree  the 
capacity." — Barrington's  Pen  Picture. 


Had  Read  Last  Speech. 

"Have  you  read  my  last  si»eech,"  asked  a  mem- 
ber of  Parliament  of  Curran.  The  latter,  turning 
away,  replied,  "I  hope  I  have." 


"Descent  into  Hell." 

"Have  you  seen  my  ^Descent  Into  Hell,'  asked  a 
poet.  "No,"  said  Curran,  warmly,  "I  should  be  de- 
lighted to  see  it." 


228 


LIFE  SKETCH  OF 

A  Witness'  Retort. 


"There  is  no  use  asking  you  qui  stions,"  said  Cur- 
ran  to  a  witness,  ''for  I  see  the  vilhiin  in  your  face." 
"Do  vou,  sir?"  said  the  witness,  with  a  sniih',  "I  never 
knew  before  my  face  was  a  hooking  glass." 


BENJAMIif  ROB 6 INS  CURTIS. 


229 


■if 


BENJAMIN  ROBBINS  CURTIS,  MASSACHU- 
SETTS. 

(1S(MMS74.) 
Associiitc  .Tnsti(«'  of  llu*  l'iii1«'<l  Staffs  Supreme 
('(tuil    from  ISi')!  to  1S57.     He  wjis  b<n'n  at   Water- 
town,  Massat'luisclls,  NovcMiibor  4,  ISOl);  died  at  N'ew- 
poit,  Kliodo  Island,  S('])tt'ml)er  15,  1ST4,  aj^ed  sixty- 
four.     Was  a  brodicr  (»f  (l('(»r;;«'  Ticknor  Curtis,  liie 
historian  of  tlic  Constitution,     lie  j^raduatetl  from 
llarvar*]  at   twenty,  and  studied  in  its  law  depart- 
ment two  years  under  Story  an«l  .\sliinun,  but  left 
without    graduation,  1o   practice   law  at   Northlield, 
but  soon  T'cmoved  to  Boston,  wh«M-e  he  became  an  ex- 
tensive practitioner.     He  was  ai>pointed  to  tin'  Su- 
]>reme  Bench  by  President  Fillmore,  September  22, 
iSol,  to  succeed  Justice  Woodbury,  at  the  urj^eut  8<»- 
liciiation  of  Daniel  Webster  and  upon  the  advii-e  of 
liufus  Choate.     He  resij^'iied  in  1857,  it  is  said,  ou  w.: 
count  of  embittered  relati<tns  between  him  and  Chief 
Justice  Tanev  over  the  Dred  Scott  case  because  of 
cUin<>es  n)ade  by  the  Chief  Justice  after  lilin'^  the 
opinion.     He  first  won  distinction  in  the  defense  of 
the  slave  child,  Med.    With  William  M.  Evarts,  was 


230 


LIFE  SKETCH  OF 


leading  counsel  for  Andrew  Johnson  in  the  impeach- 
ment trial  in  18G8.  "After  Judge  Curtis  had  presented 
the  case  of  his  client,"  said  General  IJutler,  "nothing 
more  was  said  in  his  belialf,  although  in  the 
five  or  six  closing  speeches  of  his  other  coun- 
sel much  else  was  said."  He  published 
two  volumes  of  his  decisions  on  circuit  and 
a  condensed  edition  of  the  United  States  Suj»reme 
Court  decisions  from  its  origin  to  1854  (22  volumes). 
Charles  Francis  Adams  pronounced  him  "the  most 
consummate  master  of  forensic  style  among  Ameri- 
can lawj'ers  of  recent  times;"  and  Mr.  Justice  Miller, 
"the  first  lawyer  of  America  of  either  the  past  or 
present  age."  Daniel  Webster  thought  he  had  laid 
the  people  of  the  nation  under  lasting  obligations 
when  he  induced  liis  a])pointment,  and  said  he  pos- 
sessed the  requisites  of  great  pcnver  at  the  bar — 
"clearness,  fullness  and  f<u'ce."  His  decisions  (12- 
19  Howard),  lifty-one  in  number,  with  tliirteen  dis- 
sents, immortal  among  which  is  tlie  Dred  Scott  case, 
are  in  style  simjde,  direct,  clear,  exhaustive,  learned. 
His  receipts  from  the  last  seventeen  years  of  liis  i)rac- 
tice  were  !?G50,()00. 


BENJAMIN  ROBBINS  CUR  TIS. 


231 


Great  Men  and  Deeds. 

•'The  illustrious  names  and  great  deeds  wiiicli 
(M'nturies  have  j^atliered  ai'e  llie  richest  treasure^^  of 
a  nation.  The  masterpieces  of  literature  and  art  dig- 
nify the  pursuits  in  which  they  were  i)roduced." — 
From  remarks  on  death  of  Daniel  ^Yebster:  Life 
and  Writings  of  B.  K.  Curtis,  p.  4G4. 

Confidence. 

"In  this  cold  northern  soil  confidence  is  indeed 
a  plant  of  slow  growth;  but,  believe  me,  sir,  when  it 
is  grown,  it  is  not  to  be  uprooted  by  any  gusts  of  pas- 
sion or  prejudice,  nor  blasted  by  the  breath  of  sus- 
I>icion." — From  introductory  remarks  of  Judge  Cur- 
tis in  receiving  Daniel  Webster  in  I'oston,  April  29, 
1850. 

Will  Is  Power. 

Me  believed  with  Dr.  '\^'alker  that  knowledge  is 
not  ]iower,  but  that  will  is  poAver. 

Essay  on  the  Origin  of  Evil  Written  Before  Sixteen. 

When  less  than  sixteen  years  old,  while  at  school, 
he  wrote  a  remarkable  essay  on  the  "Origin  of  Evil," 
in  which  he  took  the  i)osition  that  there  are  not  two 
powers  acting  in  creation — one  evil,  the  other  good — 
for  it  was  an  insult  to  (iod  to  believe  that  He  per- 
mitted an  evil  spirit  to  o\eri>owerand  counteract  His 
designs;  nor  tliat  man  is  a  de])raved  creature — that 
God  would  implant  in  man  a  passion  the  first  impulse 


233 


LIFE  SKETCH  OF 


of  which  woiikl  be  to  teach  liim  to  brenk  his  hiws;  nor 
tlmt  the  >?in  of  Adam  was  any  more  the  origin  of  evil 
than  the  sin  of  a  father  of  tlie  present  day  is  the  ori- 
gin of  the  Aviclvedness  of  liis  diildrcii.  But  he  be- 
lieved that  (he  Irne  cause  of  moral  evil  is  that  men 
conceive  tliat  there  is  some  pleasure  in  sin  in(h*pend- 
ent  of  the  crime  itself — in  other  Avords  tiie  tenijitatioii 
is  greater  than  the  sinner  can  bear. — 1  Life  an<l 
Writings  of  K.  B.  Curtis,  p.  2o. 

Why  Webster  Was  Powerful. 

"Webster  brought  to  the  great  debates  in  which 
he  took  part  extensive  and  accurate  historical  knowl- 
edge, especially  concei'ning  the  Constitution  itself; 
a  clearness  of  coiKH'ption,  comprehensiveness  of  grasp 
and  logical  power  never  surpassed;  and  to  all  these 
was  added  a  command  of  the  English  tongue  which 
for  demonstrative  oratory  has,  I  think,  not  been 
equaled." — From  remarks  in  the  United  States  Cir- 
cuit Court  upon  the  death  of  Webster. 

Bar  and  Bench — Latter  Easier. 

"The  great  difference  between  my  professional 
labors  at  the  bar  and  on  the  bench  consists  in  the  en- 
tire freedom  of  the  latter  from  anxiety  and  burden- 
some responsibility,  and  the  certainty  when  I  rise  in 
the  morning  that  no  one  can  force  me  to  do  anything 
which  I  am  not  equal  to."— From  letter  to  George 
Ticknor  when  on  Supreme  Bench:  1  Curtis'  Life,  p. 
1G5. 


;5 


BENJAMIN  RORBINS  CURTIS. 

Chosen  Counsel  in  Geneva  Award. 


233 


Upon  Jud}.r'^  Curtis'  return  from  Eur()])e  in  Octo- 
ber, 1871,  he  was  selected  as  one  of  the  counsel  for  the 
i;()A'erninent  of  the  United  States  before  tlie  Board 
of  Arbitration,  soon  to  sit  at  (Jeneva,  but  lu^  declined 
the  honor  on  account  of  i>ressing'  jirivate  affairs. — 
I.ife  and  Writinj^s  of  Curtis,  p.  443. 

Whtit  lie  Said  of  the  Lady  to  Wiioni  Engajicd. 

Writing  to  a  clasKn)ate  in  1,S31  about  his  mar- 
riage engagement,  he  said  among  other  tilings:  "I 
lunc  trusted  Miss  E.  IM.  ^Vo()dAvard  Avith  my  happi- 
ness for  this  world,  and  1  know  of  no  greater  compli- 
ment I  could  itay  her." — Idem,  p.  53. 

A  l-awvei's  Business. 

"A  lawyer  can  no  more  regulate  the  amount  of 
business  he  will  do  than  nn  engineer  can  blow  a  bar- 
rel of  gunjiowder  half-way  down." — Letter  to  his  un- 
cle, George  Tick  nor,  l!<37:     Idem,  78. 

F^mbiitered    Correspondence    Between    Curtis    and 

Taney. 

After  his  dissent  in  the  great  ciise  of  Scott  v. 
Sanford  (juite  a  bitter  correspondence  nrose  between 
Judge  Curtis  and  Chief  Justice  Taney,  caused  by 
Taney's  intei'p(diiting  some  eighteen  ])ages  into 
the  majority  opinion  of  the  court,  written  by 
the   Chief    Justice,      as   Judge    Curtis     says     (see 


234 


LIFE  SKETCH  OF 


Life  and  Writings  of  B.  R.  Curtis,  p.  229- 
30),  after  the  delivery  of  the  opinion  and  be- 
fore filing  it,  -whieli,  by  the  rules  of  the 
court,  he  was  required  to  do  at  once.  And  also 
because  of  an  order  given  the  clerk  of  the  Supreme 
Court  by  Taney  not  to  let  any  one  have  a  coi)y  of  the 
Cliief  Justice's  decision  until  it  Avas  officially  printed 
in  the  reports,  thus  excludng  Judge  Curtis,  who 
wished  to  look  it  over. — Life  and  Writings  of  B.  R. 
Curtis,  p.  192-242,  inclusive. 

Trial  by  Jury. 

"There  is  no  field  for  a  hnvyer  which,  for  breadth 
and  compass  and  the  requisitions  made  on  all  the  fac- 
ulties, can  compare  with  a  trial  by  jury;  and  I  believe 
It  is  as  true  of  a  judge  as  of  a  lawyer,  that  in  the  actual 
application  of  the  Iuav  to  the  business  of  men,  mingled 
as  it  is  with  all  the  passions  and  motions  and  diver- 
sities of  mind,  tem])ei' and  condition  in  the  course  of  a 
trial  by  jury,  what  is  most  excellenl  in  him  comes  out, 
and  finds  its  fitting  work,  and  whatever  faults  or 
weaknesses  he  has  are  sensibly  felt," — Letter  to  Dan- 
iel Webster,  November  10, 1851 :     Idem,  p.  157. 

"Opinion  Books." 

Judge  Curtis,  during  the  seventeen  years  of  his 
practice  after  resigning  tlie  Sui»reme  Court  -Tustice- 
ship,  kei)t   and    made  what  he  called    his  "Opinion 
Books" — two  f(dio  volumes,  filling  nearly  one  thou- 
sand closely  written  pages. — Idem,  p.  2G(J. 


BENJAMIN  ROBBINS  CURTIS. 


285 


The  Bible. 

When  practicing  law  iu  Xorthfielrt  some  one  had 
left  an  open  Bible  on  the  table.  The  sheriff  playfullj 
I'emai'ked  that  that  was  a  strange  book  for  a  lawyer 
to  be  seen  reading.  Mr.  (Airtis  replied:  "Then  I  pity 
the  lawyers;  for  those  Y\ho  are  ignorant  of  the  princi- 
ples inculcated  in  that  book  cannot  be  thoroughly  fur- 
nished for  the  duties  of  their  profession." — Idem, 
p.  32G. 

Reverdy  Johnson's  Opinion. 

"II is  analytical  and  logical  powers  were  never 
surpassed.  I  have  never  kuoAvn  a  mind  more  pecu- 
liarly fitted  for  judicial  duties." — Keverdy  Johnson. 


Webster's  Opinion  Of. 

"lie  is  very  clever,  with  very  competent  learn- 
ing; his  great  mental  characteristic  is  clearness;  and 
the  power  of  clear  statement  is  the  great  power  at 
tlie  bar.  Cliief  Justice  Marshall  possessed  it  in  a 
most  remarkable  degree;  so  does  Lord  Lyudhurst. 
If  to  this  character  of  clearness  von  add  fullness  and 
force,  you  make  a  man,  whether  as  a  lawyer,  an  his- 
torian, or,  indeed,  a  poet,  Avhose  discourse  or  writing 
merits  the  a]iplicatlon  of  those  liiu^s  of  unsurpassed 
beauty  in  Denham's  'Cooper's  Hill': 

'Tliough  dee]),  yet  clear;  though  gentle,  yet  not  dull. 
Sti'ong  without  rage;  without  o'ertloAving,  full.' 

I  think  the  judgment  of  Lord  Mansfield  came 


230 


LIFE  SKETCH  OE 


the  nearest  to  his  hij»h  standard." — Daniel  Wi^bster: 
Harvey's  Keniiniscenees,  p.  118. 

^fade  $(550,000  in  Seventeen  Years. 

Justice  McLean's  prediction  that  Curtis  mi<^h( 
"feel  a  little  awkward  at  the  bar"  (his  being  the  first 
case  where  a  member  of  the  Supreme  Bench  had  gone 
back  to  practice),  proved  incorrect,  for  within  a  week 
after  his  resignation  took  effect,  he  receive<l  seveu 
retainers  in  important  cases.  During  the  seAenteen 
years  following  his  resignation  his  professional  I'e- 
ceipts  were  about  |G50,000. — Life  and  Writings  of 
Curtis,  208. 

Offered  United  States  Attorney  Generalship  in  18C8. 

Was  tendered  the  Attorney  Generalship  of  the 
United  States  in  June,  1 8G8,  when  the  Senate  failed  tti 
confirm  Henry  Stanbery's  second  appointment  to  that 
office.  Rut  Judge  Curtis  declined,  saying:  "There 
is  no  pnblic  oflice  which  I  shall  ever  be  induced  to  ac- 
cept willingly,  and  I  shall  never  accept  one  save  from 
such  imperative  commands  of  duty  as  I  cannot  re- 
sist."— Idem,  jj.  419. 


GEORGE  M.  CURTIS. 


237 


GEORGE  M.  CUUTIS,  NEW  YORK. 

(1843 .) 

"Tlio  Will  SniiisluT  of  Now  York."  Born  in  tho 
State  of  MaHHiU'hnsetts  in  1843.  Is  of  paternal  Irish 
;iii(l  maternal  Seoteh-Italian  descent.  Had  bnt 
feu-  school  privileges.  Entered  the  service  of 
his  conntry  when  but  eighteen,  at  the  break- 
iiij;  out  of  the  war;  received  an  honorable 
discharge;  entered  the  law  office  of  the  lion. 
John  W,  Ashmead,  an  eminent  advocate  in 
New  Y'ork  city,  anrl  was  admitted  at  twent3-one. 
Was  a  member  of  the  Legislature  at  twenty,  Assist- 
;iiit  Corporation  Attorney  and  elected  Judge  of  the 
Marine  Court  at  twenty-four,  in  Avhich  office  he  served 
the  full  term  of  six  years.  He  has  repeatedly  refused 
judicial  and  congressional  honors,  preferring  above 
iill  things,  the  life  of  an  advocate. 

He  has  appeared  in  nine  States  in  celebrated 
causes,  and  has  the  distinction  of  appearing  in  forty- 
six  murder  cases,  none  of  his  clients  ever  suffering 
capital  conviction  except  one,  Charles  McElvaine, 
wliose  case  is  now  i)ending  in  the  United  States  Su- 


288 


IJFE  SKETCH  OF 


I)reme  Court.  Some  of  his  noted  cases  are:  Tlie 
Friedman,  Bouden,  Leslie,  Anderson  and  Lane  will 
eases;  the  Khinelander,  Coffiii  and  Lan<'  Innaey 
cases;  Kentucky  v.  liuford,  for  murdei*  at  ()w<'iilo\vu, 
Kentucky,  saving  IJuford  from  the  gallows;  l*enn- 
sylvania  v.  Kiddle;  the  Atlas  Stc;.  ship  case;  the 
"Jeannette  Inquiry,"  the  Louisiana  Lottery  case,  and 
many  cases  for  Dr.  Ilelmbold. 

Judge  Curtis  was  the  first  lawyer  to  take  the 
position  that  a  person  in  the  last  stag«'s  of  Bright's 
disease,  when  uremic  convulsions  have  intervened, 
was  incapable  of  making  a  valid  will.  This  is  now 
the  recognized  principle  of  medical  jurisprudence, 
wherever  the  English  law  prevails.  He  is  a  man  of 
generous  and  large  hearted  impulses,  rich  and  varied 
vocabulary,  passionate  and  transcendent  eloquence, 
and  clear  and  musical  voice.  lie  is  a  remarkable 
stump  speaker,  and  a  frequent  contributor  to  the  legal 
and  medical  journals.  His  large  and  lucrative  prac- 
tice has  been  in  all  fields  of  the  law,  but  his  labors 
are  now  chiefly  confined  to  those  of  counsel. 


GEORGE  M.  CURTIS. 


239 


Tribute  to  Woman — "liuford  Dofenso." 

In  the  I?nford  niunlor  case,  at  Owentown,  Kon- 
(iicky,  there  being  several  la<lies  present,  Jmlge  Cur- 
tis sui«l,  in  reference  thereto: 

"It  is  lit  tliat  tills  sad  and  solemn  occasion  slionhl 
l>e  softened  and  graced  by  tlie  divine  jtresence  of  the 
fair.  To  wliat  si)ot  does  mercy,  as  typified  in  tlie 
form  of  woman,  so  readil}'  I'epair  as  to  tlie  scene  of 
miscM'v  and  angiiisli.  I'nlwer  lias  most  truly  and 
beautifully  said:  'There  is  no  government  that  can 
])erish;  there  are  no  institutions  that  can  be  de- 
stroyed, if  the  patriotism  of  man  be  as  true  and  sin- 
cere as  the  silent  loyalty  of  woman.'"- — From  speech, 
1870,  in  defense  of  Colonel  I'uford  for  the  shooting 
of  .ludge  Elliott,  of  the  Kentucky  Court  of  Appeals. 


Tribute  to  the  Irish — "Jeannette  Inquiry." 

"True,  Jerome  J.  Collins  bi'loiiged  to  an  impulsive 
race,  'wlio  have  won  every  battle  but  their  own,'  and 
he  warmly  resented  any  slight  or  insult  offered  to 
Ills  dear,  native  land.  Kobert  Emmet's  epitaph  may 
never  be  written,  but  so  long  as  valor  ami  trutli  are 
worshi])p('d  in  the  human  heart,  the  name  (»f  Ireland 
and  the  Irish  will  not  perish  among  the  nations  of 
the  earth.  Our  martyr  sleeps  not  in  the  soil  of  the 
stranger,  but  in  the  laiul  of  his  birtli  and  of  his 
fathers.  Side  by  side  Avitli  that  beloved  mother 
Avhom  he  so  venerated  and  honori^l,  he  is  returning 
to  dust;    permit  his  friends  to  write  over  the  epitaph 


240 


LIFE  SKETCH  OF 


that  records  his  life,  his  siiffeiings  and  his  virtues, 
the  word  that  Avlli  typify  all  the  venj;«'aiice  we  seek 
for  his  iinirder  and  betrayal — Vindicatt'd." — From 
speech  in  the  "Jeaiinette  Intiuiry,"  before  a  commit- 
tee of  the  United  States  O.uj^ress. 

t^nccessful  A'erdlct  Getter. 

"He  is  a  celebrated  criminal  lawyer,  and  a  very 
successful  verdict  getter."— Irvlni;  lU'owne. 


JOHN  WARWICK  DANIEL. 


211 


JOHN  WARWICK  DANIEL,  VIRGINIA. 

(1842 ) 

lie  lias  gained  a  hl<j;h  reputation  as  an  orator,  ad- 
vocate and  legal  author.  Born  in  Lynchburg,  Virgi- 
nia, September  5,  1842.  Received  a  classical  educa- 
tion at  Lynchburg  College  and  Dr.  (Jessner  Harri- 
son's University  School;  served  tliroughout  the  war 
in  the  confederate  army,  rising  to  be  Major  Adjutant 
General  in  Early's  division  of  the  army  of  Northern 
A'irginia.  Was  several  times  wounded,  and  crippled 
permanently  by  a  wound  received  in  the  battle  of  the 
Wilderness  in  18C4.  Studied  law  first  in  the  office  of 
Judge  James  Garland,  an  eminent  jurist,  and  then 
for  one  year,  18G5-C,  at  the  University  of  Virginia; 
entering  upon  practice  at  Lj'uchburg  in  18G7,  in 
jiartnership  with  his  father,  William  Daniel,  Jr.,  who 
had  been  for  many  years  previously  a  Judge  of  the 
Supreme  Court  of  Virginia.  His  grandfather,  Wil- 
liam Daniel,  was  a  Judge  of  the  General  Court  of  Vir- 
ginia. The  subject  of  this  sketch  was  a  member  of 
the  Virginia  House  of  Delegates  in  1869-70  and  1871- 
72,  and  of  the  State  Senate  from  1875  to  1881.    He 


242 


LIFE  SKETCH  OF 


was  an  Elector-at-Large  on  the  Tildcn  and  riondi'icks 
ticket  in  1870.  "NVas  a  member  of  the  Xatioual  Dem- 
ocratic Conventions  of  1880  and  1888.  Kan  for  Gov- 
ernor of  Virginia  in  1881,  bnt  was  defeated  by  W.  E. 
Cameron,  tlie  readjuster.  Was  elected  to  the  House 
of  Kepresentatives  in  1884,  and  to  the  United  States 
Senate  in  1885,  succeeding  William  Mahone,  and  was 
unanimouslj'  re-elected  in  1891. 

Mr.  Daniel  has  written  "Daniel  on  Attachments" 
(1809),  and  Daniel  on  "Negotiabo  Instrumonts"(187G), 
the  latter  having  passed  through  four  editions.  He 
has  gained  high  reputation  as  an  advocate,  and  has 
had  a  large  practice  in  the  various  courts  and  in  the 
Supreme  Court  of  Appeals.  He  has  delivered  many 
orations  and  public  addresses,  but  has  continuously 
kept  up  his  legal  studies.  As  an  orator  he  is  mag- 
netic, soul-stirring  and  enchanting.  His  debate  upon 
the  silver  question  in  the  special  session  ^)f  Congress 
in  1893,  was  said  to  be  one  of  the  most  exhaustive  and 
powerful  delivered  in  the  Senate. 


Negotiable  Paper. 

"Foitnnes,  A'aster  in  amount  than  the  dowries 
of  monaruhs,  are  daily  committed,  in  our  commer- 


dricks 
I  Dem- 
ir  Gov- 
W.  E. 
House 
States 
nd  was 

ments" 
"(18TG), 
IS.    He 
ind  has 
1  in  the 
d  many 
Quously 
is  mag- 
ite  upon 
'ongress 
tive  and 


JOHN  WARWICK  DANIEL. 


243 


cial  cities,  to  the  keeping  uf  tliose  frail,  ^:^t  precious 
fabrics  l^nowu  Jis  negotiable  jiapors.  With  good 
faith  crowned  as  their  patron  goddess,  and  fortune 
as  (heir  ward,  they  attract  to  their  (-onsideration  and 
pi'otcction.  not  only  th(»  hunters  of  wealth,  1»ut  as  well 
tlie  good  Avlio  cherish  sentiments  of  integrity,  and 
(he  learned  and  great  who  expound  the  princii)les  by 
wiiich  it  sliall  be  jealously  guarded  and  maintained." 
-    2  Dan.  Xeg.  Inst.,  p.  S28  (4th  ed.) 

Development  of  Negotiable  Instruments. 

"The  pioneer  who  stood  on  the  borders  of  our 
Western  civilization  thirty  yeai's  ago,  and  who  to-day 
sees  the  same  landscape,  then  covered  with  primeval 
forests  or  stretching  wide  in  solitaiy  prairies,  now 
l»rilliant  with  gorgeous  cities,  and  teeming  with  the 
industries  of  crowded  millions,  recognizes  a  change 
not  more  marked  than  that  which  has  been  exhibited 
in  the  rapid  and  diversified  devtdopment  of  negotiable 
inslrunients.     l^roni  ]M'(^face  T)an.  N(»g.  Inst.,  IX. 


dowries 
commer- 


244 


LIFE  SKETCH  OF 


CUSEMAN  KELLOGG  DAVIS,  MINNESOTA. 

(1838 ) 

United  States  Senator  for  Minnesota,  lie  was 
born  in  JetTerson  county,  New  York,  June  1(>,  183S. 
Moved  witli  his  parents  wlien  a  cliild  to  Waukesha, 
Wisconsin;  attendcMl  Carroll  ('olle<;(',  and  {graduated 
from  Michigan  University  in  the  class  of  1857;  studied 
law  and  began  practice  in  185'.)  at  Waukesha.  He 
enlisted  in  the  service  of  the  war  in  1802,  and  became 
First  Lieutenant  in  the  Twenty-eighth  Wisconsin, 
and  Acting  Adjutant  (Jeneral  for  General  ilorman; 
left  the  army  on  account  of  lyphoid  fever.  lie  set- 
tled in  the  practice  of  his  profession  at  St.  Paul, 
where  he  has  ac(iuired  the  rei)utation  of  being  one 
of  the  lirst  lawyers  of  the  Northwest.  In  ISOT,  lir 
was  a  member  of  the  Legislature,  and  from  istis  to 
1875,  United  States  District  Attorn(\v  f«U'  Minnes(»ta. 
In  the  fall  of  187.'i  he  was  elected  Governor  of  Minne- 
sota, the  youngest  man  ever  elected  chief  executive 
of  that  State.  He  declined  re-nomination.  Elected 
United  States  Senator  in  1887,  and  re-elected  by  the 


H 


CUSHMAN  KELLOGG  DA  VIS. 


245 


Lej'islaturo  in  1893;  Diade  LL.  D.  hv  Michigan  Uni- 
Acrsity  in  188G. 

He  is  the  head  of  the  popuhir  law  firm  ofwDavis, 
Ivelh)gg  and  Reverence,  I  lis  prar-ticc  in  tlie  Stat*' 
and  Fe(hn'al  conrts  lias  been  large,  not  abating  be- 
canse  of  his  dnties  as  Senator.  He  appearc*!  as  coun- 
sel six  times  within  a  rear  in  as  manv  different  cases 
in  the  United  States  Supreme  Court  in  1890.  As  a 
hiwyer,  he  is  (juickly  interested  when  there  is  an  in- 
timation of  Avrong  in  the  complainant's  story.  He 
makes  the  grievances  of  others  his  own  and  sifts  mat- 
ters to  the  bottom. 

He  has  found  time  during  his  official  and  profes- 
sional life  to  devote  much  thought  to  littrature,  and 
lias  been  a  close  and  ardent  student  of  Shakesi)eare, 
"'l"he  Law  in  Sliakespeare,"  coming  fnun  his  pen  in 
1884.  lie  has  also  delivered  many  lectures,  iipon 
historical  subjects,  which  rank  him  among  the  lirst  in 
literary  circles  of  the  country,  the  best  known  «»f 
which  is  "Modei'u  I'«Midalism"  (1870).  He  is  a  man 
of  UK'dinm  build,  with  a  courteous  demeanor,  a  kind- 
ly ey<>,  and  's  an  attentive  listener. 


246 


LIFE  SKETCH  OF 


The  Groat  Railroad  Strike  of  1804. 

"To  talk  about  withliol(lin<;  the  assertion 
of  Federal  authority  till  other  means  could  bi' 
used  for  the  settlement  of  the  labnr  conlesl 
poaeefully,  is  like  jtreposinj;'  to  have  th(»  pro- 
ceedings at  the  battle  of  (Jettysburg  suspend- 
ed until  (Jeneral  Lee  and  the  other  con- 
federate chieftains  could  arrange  sonu'  program  for 


tl 


le  peaceful  periK'tuation  of  slavery  and  the  definite 
recognition  of  the  right  of  secessi<»n.  ^Vhat  folly  it 
is  to  adopt  one  moral  stamlard  for  the  sea  and  an- 
other for  the  land;  and  yet,  if  the  olTences  against 
life,  liberty  and  property  committed  by  the  Chicago 
rioters  had  been  citmmitted  on  the  high  seas,  their 
perpetrators  would  have  been  condemned  for  i)iracy 
and  dealt  Avith  accordingly.  Look  at  the  logic  of  the 
case  from  another  side,  five  millions  of  the  jieople 
of  the  United  States,  forty-five  per  cent,  of  the  i)ro- 
ducing  poi>ulation  of  the  United  States,  are  farmers. 
If  an;-  one  class  of  the  community  have  a  right  to  call 
themselves  distinctively  'the  pi>ople  of  the  United 
States,'  it  is  the  farmers.  Have  the  farmers  asked 
for  this  strike?  Do  they  sympathize  with  it?  Were 
they  consulted  as  to  its  b(>ginning  or  as  to  whether 
it  should  be  kept  up?  No!  It  is  the  farmer  Avho  suf- 
fers every  «lay  by  it.  He  cannot  send  his  produce  to 
market.  It  perishes  on  his  hands,  while  consumers 
are  seeking  a  chance  to  })urchase  it.  The  farmer  may 
always  be  looked  for  on  the  side  of  law  and  order  and 


CUSHMAN  KELLOGG  DAVIS. 


217 


the  pci'p?tuity  of  popular  institi/tions,  as  against 
every  form  of  anarchy  and  oppression." — Extract 
from  speech  by  Mr.  Davis  in  the  United  States  Senate. 

Cross-Examination. 

"1.  Discount  by  at  least  twenty-flve  per  cent, 
what  your  client  says  he  himself  will  swear  to. 

2.  Do  as  little  cross-examination  as  possible. 
Never,  on  cross-examination,  ask  a  question  when  A'ou 
do  not  know  what  the  answer  must  be  if  the  witness 
is  honest;  and,  if  he  is  a  liar,  don't  ask  the  question 
unless  you  are  ready  to  ruin  him  with  contradiction 
by  facts  in  evidence,  or  by  other  witnesses.  I  have 
seen  more  good  cases  ruined  by  cross-examination, 
by  the  lawyer  who  ought  to  have  suppressed  his  curi- 
osity or  vault}',  than  by  any  other  cause." — Tact  in 
Court,  p.  8G. 


248 


LIFE  SKE  TCII  OF 


JOn^'  FORREST  DILLON,  KEW  YORK. 
(1831 ) 

Eniiueut  as  lawyer,  author  and  jurist.  Born 
amid  humble  surrouudiugs  iu  Moutgomery  county, 
New  York,  December  25,  1831.  He  removed  to  Iowa 
with  his  parents  wlien  eight.  Graduated  a  doctor  of 
medicine  from  loAva  ITniversitj'-  and  practiced  six 
moutlis.  lie  then  began  the  study  of  law,  being  ad- 
mitted at  twenty-one;  elected  Prosecuting  Attorney 
the  same  year;  Judge  of  I  lie  Seventh  Judicial  District 
of  Iowa  in  1858;  re-elected  in  1802,  but  before  the  ex- 
piration of  liis  term  lie  was  elected  to  the  Supreme 
Bencli  of  the  State  for  six  years,  during  the  last  two 
of  whiih  lie  was  ( -liief  Justice.  Mr.  Dillon  was 
re-elected  in  1809,  but  in  December  of  that 
year  was  commissioned  by  President  (Jrant 
Ignited  States  Circuit  Judgf  of  the  Eiglith 
Judicial  Circuit.  He  resigned  in  1879  to  become  pro- 
fessor of  real  estate  and  equity  jurisprudence  at 
Columbia  College,  Ncnv  York,  to  which  place  he 
moved  that  yeai".    At  the  same  time,  the  Union  Pa- 


1 


JOHN  FORREST  DILLON.  249 

cific  Railway  tendered  bim  the  position  of  General 
Counsel. 

He  has  a  national  reputation  as  a  conscientious, 
careful,  uprigiit  judj^^e,  as  a  learned  Avriter  on  the  law, 
and  as  a  practitioner  in  the  front  rank  of  the  profes- 
sion. His  principal  literary  work  is  his  treatise  on 
"Municipal  Corporations,"  styled  by  Justice  Bradley, 
*'A  legal  classic,"  and  by  Irving  Browne  as  "A  work 
that  will  live  alongside  of  Kent,  Story,  Washburn, 
Tarsons  and  CJreenleaf."  He  is  tlie  author  of  fivo 
volumes  of  United  States  Circuit  Court  Reports  (1871- 
80),  ana  several  other  treatises.  His  last  work,  "The 
Laws  and  Jurisi)rudence  of  England  and  America," 
being  a  series  of  lectures  delivered  before  Yale  Uni- 
versity, is  a  most  delightful  book  with  a  serious  pur- 
p<»se.  Mr.  Dillon  is  a  member  of  the  Institut  de  Droit 
International,  and  of  tlie  association  for  the  reform 
and  codification  of  the  law  of  nations.  During  the 
last  ten  years  he  has  appeared  in  some  of  the  most 
important  causes  in  the  Supreme  Court  of  the  Ihiited 
Stales,  and  it  is  thought  lie  argues  uu>re  cases  there 
than  anv  oIlH'r  lawver  in  the  count rv  not  resident  in 
Washington. 


350 


LIFE  SKETCH  OF 


The  Common  Ljiw. 

"The  common  law,  as  well  as  the  institutions 
which  it  developed,  or  alongside  of  which  it  grew  u]», 
is  pervaded  by  a  spirit  of  freedom,  which  distin- 
guishes it  from  all  other  systems  and  peculiarly 
adapts  it  to  the  institutions  of  a  self-  governed  peo- 
ple."— 1  Munic.  Corp.,  p.  1. 

Liberty  and  Prosperity. 

"Liberty  and  prosperity  ever  go  hand  in  hand." — 
1  Munic.  Corp.,  j).  11. 

Two  Forces  in  Society. 

"Two  forces  in  society  are  in  constant 
operation,  and  are  necessary  to  its  welfare,  if  not  to 
its  very  existence;  the  conservative  force,  to  preserve 
what  is  worth  preserving;  the  progressive,  without 
which,  we  would  have  stagnation  and  death." — Ex- 
tract from  address  before  National  Bar  Association, 
August  22,  1894,  at  Saratoga  Springs,  on  "The  True 
Professional  Ideal." 

The  Ideal  of  the  True  Lawyer. 

"The  true  conception — ideal,  if  you  please,  of  the 
lawyer,  is  that  of  one  wlio  worthily  magnifies  the 
nature  and  duties  of  liis  office;  who  scorns  every  form 
of  meanness  or  disreputable  practice;  who,  by  un- 
wearied industry,  masters  the  vast  and  complex 
technical  learning  and  details  of  his  profession;  but 
who,  not  satisfied  with  this,  studies  the  eternal  prin- 


JOHM  FORREST  DILLON. 


•251 


ciples  of  justice  uk  dovolopod  and  illustrated  in  the 
liistoiy  of  the  law,  and  in  the  jurisprudence  of  other 
times  au<l  nations,  so  earnestly  tliat  he  falls  in  love 
with  them,  and  is  theuceforward  not  content  unless 
he  is  endeavoriii<4'  by  every  means  in  his  power  to  be 
not  only  an  ornament  but  a  ht'l[)  unto  the  laws  and 
jurisprudence  of  his  State  and  Nation." — Ideui. 


David  Dudley  Field. 

"I.ook  at  David  Dudley  Field's  public  la- 
bors in  niuni<'ij)al  and  international  law,  ex- 
tendinj^-  from  1S3U  to  1894,  and  what  law- 
yer in  this  country,  dead  or  living',  has  ever 
(U'dicated  half  as  many  years  as  he  to  con- 
scientious and  unscllish  efforts  to  improve  our  laws 
and  jurisprudence?  In  this  view,  he  stands  without 
a  peer.  *  *  *  He  had  lofty  professional  ideals 
of  the  lawyer's  duty  toAvards  the  la...  *  *  *  Of 
the  pr(^s"nt,  he  rej^arded  himself,  if  I  may  phrase  it, 
as  a  tenant  for  life,  but  with  a  reversion  in  fee  in  the 
limitless  future.  *  »  »  Only  men  of  the  higher 
type  can  turn  as  turn  he  did  to  the  future,  see  it 
spread  itself  out  before  their  enraptured  gaze,  feel 
themselves  fanned  by  its  intoxicated  breezes,  behold 
its  sunlight  heights  glorified  and  beautiful,  and 
proudly  feel  that  it,  too,  is  their  inheritance." — Idem. 

Ideal  of  a  Modern  Judge. 

"The  true  ideal  of  a  modern  judge  is  no  longer  a 
figure  with  bandaged  eyes,  but  rather  the  figure  of 


252 


LIFE  SKETCH  OF 


one  who  carries  in  his  upraised  liand  the  torch  of 
trutli  liglited  from  on  lii^h,  and  Avho,  throiij^iiout  the 
arguments  of  counsel  and  in  tlie  maze  and  labyrinth 
of  adjudged  cases,  walks  ever  with  firm  step  in  the 
illumination  of  its  constant  and  steady  llame." — Sug- 
gested by  the  Statue  of  liberty  in  New  York  liay: 
Laws  and  Jurisprudence  of  England  and  Ameri<-a, 
p.  188. 

A  Legal  Right. 

''Nothing  is  a  legal  right  unless  it  implies  a  ca- 
pacity residing  in  one  person  of  controlling,  with  the 
assent  and  assistance  of  the  State,  the  actions  of 
others;  and.tliat  wliich  gives  validity,  or  at  least  ef- 
fect, if  not  existence,  to  a  legal  right,  is  in  every  case 
the  force  which  is  lent  to  it  by  the  State," — Ideju,  12. 


I 


^* 


A  Law  Abiding  <  "itizen. 

"A  man  who  acts  according  to  the  dictates  of 
his  conscience  will  usually  be  a  law  abiding  citizen." 
— Idem,  14. 


Bacon. 

"If  regarding  lincon  in  tin'  asjiect  of  his  varied 
and  wonderful  powers  and  achievements  in  science, 
philosophy,  literature  and  law,  in  each  of  which  he 
was  pre-emiiuMit,  we  assign  to  him  the  intellectual 
primacy,  it  would  be  easier  to  deny  his  title  than  to 
disprove  it." — Idem,  p.  10. 


i 


yOflN  FORREST  DILLON.  253 

A  Lawyer's  Lif«'. 

"It  is  considcratioiiH  of  just  ice  aufl  right  that 
make  lip  (lu*  web  and  woof  and  form  tlio  staple  of  a 
liiwyer's  life  and  vocation."--Id.  17. 

W'oi'ks  of  file  Mind.    -Iiniuoi'tal. 

"The  works  of  our  hands  are  perishable;  only  the 
(•real ions  of  tht?  intellett  have  the  heritage  of  im- 
mortality."— Idem,  41). 

Judielary. 

"It  is  not  too  much  to  say  that  a  stable  and  iu- 
(U'pendent  judiciaiy  is  the  strongest  hope  of  our  own 
country.  *  ♦  »  'p^o  mode  of  selection  is  not  so 
important,  ]»erliiips,  as  the  teniire  and  compensation; 
the  one  sh(»uld  be  during  good  behavior,  and  the  other 
iideijuate  and  beyond  legislative  diminution." — Idem, 
110-20. 

The  Common  Law. 

"The  common  law  is  the  basis  of  the  laws  of 
every  State  and  Territory  of  the  Union,  with  comi)ar- 
jitively  unimportant  suid  gradually  waning  excep- 
ti(»ns." — Idem,  155. 

Ideal  Justice. 

"The  most  satisfactory  ideal  I  have  ever  been 
able  to  form  of  justice  is  embodied  in  the  picture  of 
a  judge  courageous  enough  *to  give  the  devil  his  due/ 


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LIFE  SKE  TCH  OF 


whether  he  be  in  the  right  or  iu  the  wrong." — Idem, 
152. 

The  Justice  of  the  Peace. 

"He  may  be  prone  to  make  techniciil  mif-talve.s; 
but  in  general  he  manages,  by  himself  or  tlie  jury,  to 
work  out  substantial  justice  in  the  decision  of  tlie 
disputes  arising  out  of  the  every-day  affairs  of  the 
people." — Idem,  IGl. 

The  United  States  Constitution. 

"Unmatched  and  matchless  instrument;  bul- 
wark and  guaranty  of  national  life,  of  general  pros- 
perity, and  of  countless  blessings, — making  the  Slates 
and  the  people  thereof  one  great,  free,  h;\pi)y,  united 
nation!" — Idem,  165. 

The  Jury  System. 

"In  my  judgment  the  jury  is  both  a  valuable  and 
essential  part  of  our  judicial  and  political  systeni. 
*  *  *  Twelve  good  and  lawful  men  are  better 
judges  of  disputed  facts  than  twelve  learne<l  judges." 
Idem,  107-8. 

Marshall's  Judgments. 

"Marshall's  judgments  upon  the  National  Con- 
stitution are  anjong  the  most  original  and  massive 
works  of  the  human  reason.  They  are  almost  as  ini- 
l)ortant  as  the  texts  of  the  Constitution  which  they 
expound.     *     *     *     It  is  remarkable  that  on  not  our- 


\ 


A 


\ 


JOHN  FORREST  DILLON. 


265 


of  his  many  judgments  has  been  written  the  word 
'over-ruled,'  and  equally  remarkable  that  no  political 
party  proclaims  or  holds  tenets  or  doctrines  incon- 
sistent with  the  principles  on  which  those  judgments 
rest."— Idem,  165. 

Blackstone's  Commentaries. 

"He  did  a  great  work;  he  did  it  well.  Its  merits 
are  the  best  known  to  the  careful  student  who  appre- 
ciates the  confused  and  dispersed  condition  of  stat- 
utes and  decisions  which  it  reduced  to  order  and  con- 
structed into  one  of  the  most  beautiful,  noble,  and 
symmetrical  outlines  of  a  complex  system  ever  pro- 
duced by  the  mind  of  man." — Idem,  p.  307. 

Blackstone  Should  be  Read  Once  a  Year. 

"If  in  the  presence  of  the  cares  and  toils  which 
are  the  common  lot  of  the  successful  lawyer,  you  will 
make  it  a  point  every  year  once  to  read  the  'Commen- 
taries of  the  Laws  of  England,  by  Six  William  Black- 
stone,  Knight,  one  of  the  Justices  of  His  Majesty's 
Court  of  Common  Pleas,'  you  Avill  thank  me  as  often 
as  you  shall  comjilete  the  reading  for  the  advice  I 
have  thus  ventured  to  give." — Idem,  p.  312-13. 

Chancellor  Kent. 

"As  a  judge  and  author,  he  will  not  suffer  when 
compared  with  the  greatest  names  which  have 
adorned  the  English  law.  Higher  ])raise  is  not  pos- 
sible   to    giA'e.     *     ♦     *     Simple  as  a  child  in  his 


266 


LIFE  SKETCH  OF 


tastes  and  habits  tliroughout  his  tranquil  and  useful 
life;  more  than  any  other  judge  the  creator  of  the 
equity  system  of  this  country;  the  author  of  Commen- 
taries which,  in  accuracy  and  learning,  in  elegance, 
purity,  and  vigor  of  style,  rival  those  of  Sir  William 
Blackstone,  his  name  is  admired,  his  writings  prized, 
and  his  judgments  at  law  and  in  equity  respected  in 
every  quarter  of  the  globe  (and  nowhere  more  than  in 
England),  wherever  in  its  widening  conquest  the  Eng- 
lish language,  which  is  the  language  of  freedom,  has 
carried  the  English  law." — Idem,  379. 

A  Tribute  to  Dillon. 

"Judge  Dillon  is  one  of  the  greatest  lawyers 
which  this  country  has  ever  produced,  and  his  opin- 
ions and  writings  are  absolutely  pellucid." — Judge 
T.  Lyle  Dickey,  of  Illinois  Supreme  Court. 

Dillon's  Municipal  Corporations. 

"Municipal  Corporations — the  greatest  law  work 
of  the  age."— Board  of  directors'  response  to  Judge 
Dillon's  presentation  of  the  work  to  the  James  Grant 
Law  Library  Association,  Davenport,  Towa. 

The  work  had  yielded  its  author  nearly  $40,000 
up  to  Nov.  2, 1892. 


JOSEPH  NORTON  DOLPH. 


267 


JOSEPH   NORTON   DOLPIT,  OREGON. 

(1835 ) 

Eleven  years  a  United  States  Senator  from  Ore- 
fi;()ii.  Born  near  Watkins,  New  York,  October  19, 
is;}."),  lie  worked  on  bis  fatber's  farm  till  sixtecH, 
wlien  be  became  a  loek-tender  on  tbe  Cbemnng  canal, 
and  was  dnbbed  "Tbe  Bov  Lock-Tender."  At  eiglit- 
ecu  be  began  scbool  teacbinn-  wbicb  be  fidlowed  for 
eijjlit  years,  at  wliicb  time  be  Avas  admitted  to  prac- 
<ire  law  at  liinjiliamton.  New  York,  bavino:  previous- 
ly read  witb  Jeremiab  ^rcOuire,  at  Havana,  New 
York.  lie  accompanied  "The  Oregon  Escort"  to  tbe 
Pacific  coast,  acting  as  orderly  sergeant,  and  arrived 
ill  Portland,  Oregon,  October  31,  1802,  possessed  of 
ten  dollars,  bope  and  grit.  Here  be  entered  unswerv- 
iii.t.',ly  into  tbe  ]n'actice  of  law,  wbicb  grew  extensive 
niid  lucrative.  In  1803  be  formed  a  partnersbip  with 
•loliu  II.  Mitebell,  and  in  Octidier,  1804,  was  elected 
(ily  attorney  of  Portia*  1,  wbile  absent  from  tbe  city, 
and  so  creditably  filled  tbe  position  that  bis  salary 
was  doubled,  unasked.  In  1805  President  Lincoln 
iippointed  bini  United  States  District  Attorney.     lie 


258  LIFE  SKETCH  OF 

was  eight  years  a  member  of  the  State  Sennte.  Upon 
the  election  of  Mr.  Mitchell  to  the  United  States  Sen- 
ate in  1872,  the  firm  of  Dolph,  Bronaugh  and  Dolph, 
with  Joseph  N.  Dolj)!!  as  senior  member,  w.is  estab- 
lished, and  in  1883  he  took  his  seat  in  llie  Unittnl 
States  Senate,  where  lie  has  since  served. 

The  firm  of  Mitchell  and  Dolph  were  attorneys  for 
the  Oregon  and  Central,  and  the  Oregon  and  Califor- 
nia Kailroad  companies,  and  for  IJen.  Ilalliday's  large 
vessel  and  railroad  interests.  Mr.  D(dph  was  also 
cennsel  for  the  Oregon  Steamship  company,  the  Ore- 
gon Itailway  and  Navigation  company,  the  Oregon 
Improvement  company,  the  Oregon  Transcontinental 
company,  and  other  corporations  organized  by  Ileary 
Villard  to  carry  out  his  plans,  lie  was  instrumen- 
tal, by  his  legal  acumen  and  boldness,  in  securing  Ore- 
gon for  Hayes  in  1870.  As  a  speaker  he  is  forcible, 
clear  and  logical  rather  than  eloipient.  He  has  real- 
ized a  fortune  from  his  practice,  which  has  not  abated 
since  his  Senatorial  service.  In  January,  1891,  he 
gave  a  scholarly  a<ldress  before  the  New  York  Bar 
Association  at  Albany  on  "Law  Reform." 


JOSEPH  NORTON  DOLPH.  360 

The  Law  a  Huiiuiii  IiiHlittition,  Ili'iice  Iinporf<'ct. 

"Many  of  tho  droams  of  the  idealists  are  imprac- 
I icable  and  visi«>nary.  International  arbitration  Avill 
never  wholly  snpjdant  the  arbitrament  of  the  sword. 
lOxacI,  speedy  justice  will  never  be  secured  under  any 
system  of  jurisprudence  that  can  be  devisetl  which 
must  be  administt^red  by  fallible  men  and  a]>|died  to 
practical  JilTairs.  Tlie  law  must  continue  to  be  a 
iDiman  in-  itution,  alTccted  by  all  the  imperfections 
of  man.  K.form  must  be  hoped  for,  and  secured  in 
the  future,  if  at  all,  throuf;h  the  same  agencies  and  in 
tlie  same  directions  as  in  the  past." — From  an  address 
on  "Law  Hefonn,"  before  X.  Y.  liar  Ass'n,  Jan.  10, 
1894. 

INditics  -Destiny  (tf  (Jovernnient. 

Politics  cannot  be  safely  left  to  pr()fessional  poli- 
ticians and  the  corru}»t  and  purchasable  elements  of 
society.  Tiie  destiny  of  this  }»'ov<M'nment  is  in  the 
hands  of  the  masses. — Idem. 

Lawyers  as  IM«'sidents,  etc. 

"Of  t\\"nty-thrce  I'resideuts,  seventeen  have  been 
hiwyers.  Of  sixteen  A'ice  Presidents,  twelve  were  law- 
yers; or-.e  a  merchant;  one  a  printer;  and  one  a 
banker.  Of  thirty-three  Secretaries  of  State,  twenty- 
nine  have  been  lawyers;  two,  editors,  and  two  had 
no  profession.  Of  forty-one  Secretaries  of  the  Treas- 
ury, thirty-six  have  been  lawyers;  one  belonged  to 
the  military  profession;    one  was  an  editor;    one,  a 


260 


LIFE  SKE  TCH  OF 


luaniifacturer;  and  one  had  no  profession.  Of  fort}- 
fonr  Secretaries  of  War,  twentj'-scven  were  lawj'ers; 
three,  pliysieians;  seven  were  of  the  military  profes- 
sion; one  an  editor;  and  two  were  authors.  Of 
thirty-fonr  Secretaries  of  the  Navy,  twenty-tliree  Avere 
hiwyers;  two,  merchants;  two,  authors;  one,  a  drup;- 
j»ist;  one  was  from  tlie  navy;  and  five  had  no  i)ro- 
fession.  Of  seventeen  Secretaries  of  the  Interior, 
HftoMMi  were  lawyers;  one  was  a  merchant;  one,  an 
editor.  Of  thirty-five  Postmasters  (leneral,  twenty- 
four  v.ere  lawyers;  one,  a  physician;  one  was  from 
the  military  profession;  one,  a  tanner;  one,  an  edit- 
or; one,  a  manufacturer;  two  were  printers;  one 
Avas  a  i)ro. -ssor;  and  two  had  no  profession.  The 
forty-three  Attorney  Generals  have  all  been  hiwyers. 
The  proportion  of  hiwyers  in  lej^islative  bodies  is 
scarcely  less  significant.  In  the  present  United 
States  Senate,  of  the  eighty-five  Senators  of  which 
that  body  is  now  composed,  sixty-five  are  lawyers. 
In  the  House  of  Kepresenta fives  there  are  two  hun- 
dred and  forty  lawyers." — Idem. 


Qualifications  for  Judge. 

"A  judge  should  possess  integrity,  courage,  ca- 
jKicity,  learning  and  experience  (and  I  Avould  class 
the  importance  of  these  qualifications  in  the  order 
named),  and  should  be  chosen  as  Federal  judges  are." 
-Fdem. 


STEP/fKN  ARNOLD  DOUG /.AS. 


261 


STEPHEN    ARNOLD    DOUdLAS,  ILLINOIS 

(I813-18(5L) 

The  "Little  Oiant."  lioru  in  Knindon,  Vermont, 
April  2:i,  18L'};  died  in  Chicaj;*),  Juno  3,  ISfil,  agod 
foily-ciglit.  His  fallici',  a  ])hysl('ian,  died  when  he 
was  (wo  niontlis  old.  Hioii<;ht  up  on  a  farm,  attend- 
in^'  selnxd  winters  and  workin*;'  summers  till  fifteen; 
learned  the  cabinet  trad«';  moved  to  Ontario  county, 
New  York;  attended  academy  at  ( 'anandagua;  be- 
gan the  study  of  law  at  nineteen;  left  for  the  West  at 
twenty,  visiting  Cleveland,  rincinnati,  Louisville,  St. 
Louis  and  Jacksonville.  Failing  to  find  employment, 
he  walked  to  Winchester,  Illinois,  arriving  there 
with  thirty-seven  and  a  half  cents  in  his  pocket. 
As  auctioneer's  clerk  he  earned  six  dolhirs  in  three 
days.  Taught  schotd,  reading  law  and  practicing  be- 
fore justices  on  Saturdays,  liegan  practice  in  Jack- 
sonville, having  been  admitted  to  practice  in  the  Su- 
preme Court  when  seven  weeks  under  twenty-one  (of 
which  court  he  was  a  judge  within  seven  years). 
Within  ten  years  after  his  advent  into  the  ^tate,  ho 
had  been  Attorney  General  (before  twenty-two,  mem- 


269 


LIFE  SKETCH  OF 


ber  of  the  Legislatui'O,  the  yoiingoHt  iin'iubcr  in  lh;H 
body),  Kt'gisfci'of  llir  Lniid  Ollirr,  Sccivtaiy  of  Sljilc, 
and  Judgf  of  tho  Siiprciiu'  ('niirt  (bcfoiH'  twciil.v- 
eiglil).  Was  throe  times  elected  to  Congress,  and  in 
1847  to  the  Senate,  where  he  remained  till  his  death. 
Received  1,375,157  votes  for  I'resident  in  lSr»0,  while 
Abraham  Lincoln  received  but  J ,M(>(»,:i52. 

Said  he  owed  more  to  his  enemies  than  to  his 
'iends.  As  a  law\er  and  judge,  he  was  bold, 
viashing  and  conrageons,  vet  level-headed  an<l 
well  informed,  no  indictment  while  he  was 
State's  Attorney  ever  being  (piashed,  and  but 
one  decision  while  judge  being  reversed.  He 
Avas  recognized  as  one  of  the  ablest  practi- 
tioners before  the  Supreme  Court;  but  it  was  as  a 
statesman  and  expert  and  successful  party  manager 
that  he  won  his  great  renown.  Says  James  G. 
Blaine:  "In  parliamentary  discussion  it  is  not  easy 
to  overestimate  the  power  of  Mr.  Douglas.  Indeed, 
it  would  be  difficult  to  name  his  superior."  He  wa« 
five  feet  six,  strongly  built  and  capable  of  great  men- 
tal and  physical  exertion;  genial,  popular,  influen- 
tial, liberal  and  thriftless. 


I 

■.,1 


STEPHEN  AKXOLD  DOUGLAS. 


268 


Sqii.il  tor  Sovoroi^iil y. 

"1  believe  I  ho  people  have  a  ri^'ht  to  do  as  they 
jdcase  wlieii  they  form  tlK'ir  eoiislitution,  and,  no 
mat  lei"  what  donie>itie  rejifiilations  they  may  make, 
they  have  a  i'lj;lit  to  come  into  the  Union,  i)rovide<t 
there  is  nothinfi;  in  tlieir  eonstitntion  which  violates 
theConstitntion  of  the  United  States."— From  speech 
on  the  Wilmot  i)roviso  in  United  States  Senate,  1850. 


Owed  More  to  Enemies  Than  Friends. 

"I  sincerely  donbt  whether  I  owe  most  to  the 
kind  and  clliclent  HU])port  of  my  friends  Cand  no  man 
si m Marly  situated  over  had  better  and  truer  friends) 
or  to  the  vicdent,  reckless  and  imprudent  opposition 
of  my  enemies."  (Said  by  Douf»las  in  speaking  of  the 
abuse  of  him  by  the  Jacksonville  "Patriot,"  which 
yave  him  sucli  notoriety  "fter  his  Democratic  speech 
made  after  belnj»  in  tlie  city  but  two  weeks,  tha:  col- 
lections to  the  extent  of  thousands  of  dollars  poured 
In  ui)on  him  immediately  from  persons  he  had  never 
seen  or  heard  of.) 

A  True  Democrat. 

"No  one  can  be  a  true  Democrat  without  being 
a  patriot." 

Tlis  Last  Words. 

"Obey  the  laws  and  uphold  the  Constitution." 
Tliese  were  his  last  coherent  words — a  messaj>e  to 
his  sous. 


■2(14 


LIFE  SKETCn  OF 


ilis  Stature. 

When  Mr.  Doiijjlas  wont  to  tho  Unllod  Stales 
Senate  in  3847,  Afr.  Lincoln  was  in  tlio  House — tlio 
one  was  tlie  slioilest  man  in  tlie  Senate,  the  (ttlier  tlie 
tallest  man  in  the  House.--  Holland's  Life  of  Lineoln, 
p.  101. 

Executive  Contn?!  (►f  Senate. 

"1  hold  that  an  atteini)t  (o  contnd  the  Senate  on 
the  part  of  the  Executive  is  subversive  of  the  prin- 
ci[)les  of  onr  Constitution." — In  Alton,  speech  with 
Lincoln,  1S55. 

The  Nef^roes'  Ki<;hts. 

"This  {^ovei'innent  of  ours  is  founded  on  the  white 
basis.  It  was  made  for  the  white  man,  for  the  benetit 
of  the  white  man,  to  be  administered  by  white  men, 
in  such  manner  as  the.v  should  determine.  It  is  also 
true  that  a  Negro,  an  Indian,  or  any  other  man  of  in- 
ferior race  to  a  white  man,  should  b;*  permitted  to  en- 
jo3',  and  hunumily  requires  that  he  sliould  have  all 
the  rights,  privileges  and  immunities  which  ho  is  ca- 
pable of  exercising,  consistent  with  the  safety  of  so- 
ciety.''—Debate  with  Lincoln. 


Tribute  to  Lincoln. 

"During  my  sixteen  years  in  Congress,  I  have 
found  no  man  in  the  Senate  whom  1  would  not  rather 
encounter  in  debate  than  Lincoln." — Moi'se's  Life  of 
Lincoln,  p.  150. 


STEPINuV  AKXOf.D  DOUGLAS. 


.•(J5 


NVIillc  r)()U<4l;is  Was  Tracirni},',  LiiMiWii  Was  Kccpiii}; 
a  (Jroccry  Sioro. 

Donjilas,  in  a  joint  <l('l»al«'  willi  Lincoln,  before 
tlio  lattcr'a  clcclion  lo  tlio  Pn'si«l(Mi('y,  ainon;,  )tliei' 
1  hint's,  said  wlion  lie  was  tc^adiinj^  in  Illinois  lie  Vuew 
liiiuoln  well;  that  lie  kejtt  a  little  country  sto»^',  with 
a  j;ro<;-sliop  in  the  back  ciitl  of  it,  and  tint  he  made 
a  very  f;'.'!  store-keener.  TJncoln  in  reply  sai<l  it  was 
true  that  in  his  early  days  he  kcjit  a  p;rocery  store 
out  on  the  plains  of  Illinois,  and  that  it  iiad  a  grog- 
slio])  in  the  rear,  lint  that  the  most  distinct  remem- 
hrance  he  had  upon  that  siiltject  was  that  Judge 
Douglas,  so  far  as  the  rear  end  of  the  store  was  con- 
cerned, was  the  best  customer  he  ever  had. 

Coat-tails  Too  Near  (Iround  for  President. 

Thomas  H.  Kenton,  who  was  of  great  frame  him- 
self, was  accustomed  to  tell  his  friends  that  Stephen 
A.  Douglas  could  never  become  I'resident,  because 
his  coat-tails  came  too  near  the  ground. — Nov.,  1894, 
Chautauquan,  p.  189. 


I'll  Go  to  Church. 

"It  is  now  Sunday  morning — I'll  go  to  church, 
and  you  may  go  to  hell!" — Douglas'  parting  words  to 
an  infuriated  crowd  to  whom  he  had  explained  his 
vote  on  the  Fugitive  Slave  Law,  in  Oct(d)er,  1850,  at 
Chicago,  aftt-r  speaking  from  8  I*.  M,  of  Saturday  un- 
til 12:15  A.  M.  Sunday. 


266  LIFE  SKETCH  OF 


Ilis  Assurance  and  Overhearing  Manner. 

"Mr.  Douglas'  experience  in  debate,  his  easy  au- 
dacity and  assui'ance,  his  great  ahilily,  his  strong 
Avill,  his  unconquerabh'  ambition,  and  his  untiring 
industry',  made  liim  a  most  formidable  antagonist. 
He  had  unlimited  self-confidence,  Avhicli  not  unfre- 
quently  made  him  arrogant  and  overbearing."— J.  G. 
Holland  iu  Life  of  Lincoln,  p.  13G. 

Most  Noted  Man  in  the  Country  from  1852  to  1800. 

"From  1852  to  18G0  Douglas  Avas  the  most  note- 
worthy man  in  jiublic  life  in  the  country.  Webster, 
Clay  and  Calhoun  had  passed  awaj'.  Seward,  Chase 
and  Sumner,  still  in  the  earlier  stages  of  their  brill- 
iant careers,  were  organizing  the  great  party  of  the 
future.  This  interval  of  eight  years  belonged  to  Doug- 
las more  than  to  any  other  one  man.  ITe  had  been  a 
candidate  for  the  Democratic  nomination  for  the 
Presidency  in  1852,  and  again  in  1850;  and  had 
failed  to  secure  it  in  part  by  reason  of  that  unwritten 
rule  whereby  the  leading  statesmen  are  so  often 
passed  over,  in  order  to  confer  the  great  prize  upon 
insignificant  and  therefore  presumably  submissive 
men.  Douglas  was  not  of  this  type;  he  had  high 
spirit,  Avas  ambitious,  masterful  and  self-confident; 
he  was  also  an  aggressive,  bi'illiant  and  tireless  tiglit- 
er  in  a  political  camjuiign,  an  orator,  combining  some- 
thing of  the  impressiveness  of  Webster  Avil  h  t  he  read- 
iness and  roughness  of  the  stump  speaker.  He  had  a 
thorough  familiarity  Avith  all  the  politics,  both  the 


STEPHEN  ARNOLD  DOUGLAS. 


267 


jj;reater  and  the  smaller  of  the  time;  he  was  shrewd 
iind  adroit  as  a  politician,  and  he  had  as  good  a  right 
iis  any  man  then  prominent  in  public  life  to  the  more 
dignified  title  of  statesman." — Morse's  Life  of  Lin- 
coln, 106. 

His  Ke-Election  to  the  United  States  Senate  in  1858 
a  Personal  Triumph. 

"There  is  on  the  whole  hardly  any  greater  per- 
sonal triumph  in  the  history  of  American  politics 
than  his  re-election  in  1858." — Arncdd's  Life  of  Lin- 
coln, p.  149. 


268 


LIFE  SKE  rCH  OF 


GEORGE    FRANKLIN    EDMUNDS,    VERMONT. 

(1828 ) 

One  of  the  great  Constitutional  lawyers  of  the 
Nation.  Born  at  Richmond,  Vermont,  February  1, 
1828.  He  is  the  son  of  a  farmer,  and  had  but  a  village 
school  education  and  instruction  from  a  private  tutor. 
Admitted  to  the  bar  when  twentN'-one,  and  two  years 
later  moved  to  Burlington,  where  he  now  resides. 
lie  soon  won  renown  in  his  profession.  Was  twelve 
years  a  member  of  the  Legislature,  serving  three 
years  as  speaker  of  the  House,  and  becoming  presi- 
dent pro  tempore  of  the  Senate.  Succeeded  Senator 
Foot  in  the  United  States  Senate,  of  which  body  he 
was  a  useful  and  conspicuous  member  for  twenty-live 
years,  being  a  member  and  a  number  of  times  chair- 
man of  its  judiciary  committee,  and  its  president  in 
1883.  Resigned  in  1891,  on  account  of  his  daughter's 
health.  lie  was  senior  member  from  the  Senate  of 
the  Electoral  Cojumission  in  1877  which  seated 
Ilayes,  and  Republican  candidate  for  President  in 
1880  and  1884,  receiving  thirty-four  and  ninety-three 
votes  respectively  for  the  Presidency.     Declined  the 


GEORGE  FRANKLIN  EDMUNDS.  269 

offer  of  an  appoiutmont  of  Associate  Justice  of  the 
United  States  ^'supreme  Court,  at  tlie  bauds  of  Presi- 
dent Artliur,  March  11,  1882. 

M?*.  Eduiuuds  is  said  to  have  beeu  almost  the 
only  exception  to  the  rule  that  a  United  States  Sen- 
ator's practice  in  the  Supreme  Court  soon  dwindles, 
he  appearing  thirty-three  times  in  tlie  140,  142^  143 
and  144  United  States  Reports,  His  opinion  has 
been  sought  for  years  on  grave  constitutional  ques- 
tions, riis  literary  attainments  are  extensive,  and 
his  knowledge  of  civil  and  parliamentary  law  is  un- 
rivab'd.  In  style  he  is  simple  and  weighty;  pos- 
sesses ready  resources,  keen  wit,  <piick  perception, 
iind  it  was  said  that  while  in  the  Senate  "any 
nicniber  would  rather  n^eet  a  dozen  other  Senators  in 
debate  than  Edmunds  rloue."  He  is  a  Jesuit  -cold, 
jiscelic  and  tricln-.  A  master  of  the  black  art  in  ora- 
tory and  legislation;  cruel,  tii-eless  and  vindictive, 
is  plain,  undignilied,  tall  and  slender,  and  looks  like 
'I'llian's  i)icture  of  St.  Jerome. 


270 


LIFE  SKETCH  OF 


Recomnionded  as  llio  Best  Talent  in  the  United  States 

l)y  Butlei'. 

When  the  h^gal  tender  cases  were  under  discus- 
sion, and  Benj.  F.  Biithn-  declared  the  issue  of  green- 
backs since  the  war  was  constitutional,  Mr.  Critten- 
den, of  Brooklyn,  New  York,  insisted  upon  Mr.  But- 
ler's defending  tlie  suit,  but  Butler  said  it  was  better 
that  he  should  not  because  it  sliould  be  divested  of 
politics,  remarking:  "You  had  better  get  the  best 
talent  jou  can  to  argue  your  side  of  tlie  question  in 
the  Su]H'eme  Court."  Whom  would  you  suggest?" 
said  Crittenden.  "I  would  suggest  that  you  get  Sen- 
ator Edmunds  if  you  can."  Mr.  Edmunds  was  ac- 
cordingly  gotten. 


LORD  ELDON. 


271 


LOKI)   ELDON    (JOUN  SCOTT),   ENGLAND. 

(1751-1838.) 

rroiioiincod  by  Lord  CainpLell  "above  all  the 
jiidocH  of  his  tinio."  Lord  llij^h  Chancellor.  Born 
at  Nt'WcasthMiiion-Tyne,  June  4,  1751;  du'd  in  Lon- 
don, January  13,  1838,  aj-cd  eighty-six.  Educated  at 
Newcastle  schools  and  Oxford,  where  he  forfeited  his 
fellowship  by  a  runaway  marriage;  entered  the  Mid- 
dle Temple,  1773;  c;.  ?d  to  bar,  177().  A  few  years 
of  intense  study  and  couiparative  poverty  ensued, 
rose  at  four  and  studied  late  into  the  night,  binding  a 
wet  towel  around  his  head  to  keep  awake,  and  copied 
Coke  twice;  said  it  was  toil  and  labor  like  climbing  a 
high  hill,  but  then  the  whole  law-world  was  before 
him.  lie  argued  unsuccessfully  the  leading  case  of 
Ackroyd  v.  Smithson  before  Sir  Thomas  Sewall,  Mas- 
.A.  of  the  Kolls,  1778;  but  successfully,  on  appeal  be- 
fore LoT'd  Thurlow,  1780.  This  case  and  the  Clith- 
eroe  election  case  were  the  foundation  of  his  fortunes, 
^leniber  of  the  Mouse  of  Commons  for  seventeen 
years  (1783-00).  Was  knighted,  1788,  and  made  Solic- 
itor General,  and  Attorney  General  in  1783,  conduct- 


272 


LIFE  SKETCH  OF 


ing  the  groat  State  Trials  of  norne  Tooko,  ITardy 
and  others,  and  realizing  j'enrly  during  the  six  years 
in  otflce  from  .<?50,000  to  $(;0,000.  Chief  Justice  of 
Common  Pleas,  1790,  and  entered  House  of  Lords  as 
IJaron  Eldon.  Lord  Chancellor,  1801,  which  position 
he  held  for  twenty-six  years,  with  the  exception  of 
one  jear  held  by  Erskiue.  For  twcntv  years,  in 
everything  but  name,  he  was  Prime  Minister.  Made 
an  Earl,  1821.     Died  worth  .1^2,500,000. 

As  a  statesman,  his  conservatism,  intense  and 
narrow,  has  received  little  sympathy  from  posterity. 
Was  said  by  AVhipple  to  have  "combined  Thurlow's 
bigotrv  with  Ilardwicke's  courtesv."  The  excesses  of 
the  French  Revolution  and  subsequent  continental 
disturbances,  of  which  he  was  an  eye-witness,  exi)lain 
it,  and  it  is  far  from  clear  that  England  Avas  not  bene- 
fited by  it.  As  a  judge  the  soundness  of  his  decis- 
ions has  been  universally  admitted.  No  lawyer  siuce 
(>)ke  ever  had  the  English  law  so  totally  a  part  (»f 
him.  His  delays  hare  been  censured,  but  wisdom  is 
not  to  the  swift. 


LORD  ELDON. 


273 


art  of 
(un  is 


Christianity. 

"Christianity  is  part  of  the  law  of  England."— 2 
Swanston,  527. 

Law  and  Politics. 

"I  never  was  what  a  statesman — an  accomplished 
statesman — ought  to  be.  Indeed,  a  lawyer  hardly  can 
be  both  learned  in  his  profession  and  accomplished  in 
political  science." — To  his  daughter,  Lad^  Frances 
Bankes. 

Female  Correspondence. 

"Our  thoughts,  as  expressed  in  our  respective 
letters  are  much  alike,  but  comparison  will  prove, 
what  has  been  so  often  remarked,  that  female  corre- 
spondence has  a  charm  in  it  of  which  that  of  my  sex 
is  always  devoid." — To  his  daughter-in-law:  2  Twiss's 
Life  of  Eldon,  442. 

Reading  Coke  Upon  Littleton — Like  Going  Up  Hill — 
A  Commanding  View. 

"Whilst  you  are  with  Abbott  (afterwards  Lord 
Tenterden),  find  time  to  read  Coke  on  Littleton  again 
and  again.  If  it  be  toil  and  labor  to  you,  and  it  will  be 
so,  think  as  I  do  when  I  am  climbing  up  to  Swyer  or 
to  Westhill,  that  the  world  will  be  before  you  when 
the  toil  is  over;  for  so  the  law  world  will  be,  if  you 
make  yourself  complete  master  of  that  book." — Ad- 
vice to  J.  W.  Farrer,  on  the  Study  of  law,  1807. — 1 
Twiss'  Life,  301. 


274 


LIFE  SKETCH  OF 


Law  of  Equity. 

"Law  and  equity  should  be  considered  as  distinct 
systems;  and  that  they  are  so  considered,  and  kept 
apart  in  Enjjjhuid  is,  perhaps,  one  of  tlie  best  provis- 
ions of  our  Constitution." — 1  Twiss'  Life  of  Eldon, 
p.  188. 

Live  Lilce  a  Hermit,  Etc. 

His  advice  to  a  young  lawyer  was:  "Live  like  a 
hermit  and  work  like  a  horse." — 1  Twiss'  Life,  204. 

Kenyon's  Opinion  of  Eldon. 

"Kenyon  hearing  that  Eldon  was  to  be  appointed 
Chief  Justice  of  the  Common  Pleas,  said  he  would  be, 
"the  most  consummate  judge  that  ever  sat  in  judg- 
ment."—! Twiss,  181. 

Motto  on  Watch. 

"His  Dirigie  Te^'  (direct  thyself  by  these), — motto 

on  watch  presented  Eldon  by  George  III. — 1  Twiss, 
229-30. 

To  Half  Starve  a  Young  Lawyer  Has  a  Fine  Effect. 

"There  is  nothing  does  a  j'oung  lawyer  so  much 
good  as  to  be  half  starved;  it  has  a  fine  effect." — Sai<l 
by  Eldon  when  a  young  man.  Lord  Thurlow  having 
broken  his  (Thurlow's)  promise  to  make  him  a  com- 
missioner of  bankrupts.  Thurlow  said  it  would 
have  been  his  ruin;  that  young  men  are  very  apt  to 


LORD  ELDON. 


275 


1)0  conlont  when  they  ^«'t  soiiicthinj''  to  livo  upon; 
lliiil  wIkmi  lie  saw  what  yoiiu^"  Scott  was  made  of  lie 
(l('l<>i'inin<'(l  <o  break  liis  promise,  and  make  liiin 
work."     1  Twiss'  Life  of  KIdon,  ]».  79. 

Killiiij;  b,v  a  Dull  Insti'uinent     A  Speech. 

"ICldoii  said  when  ho  wrs  Attonicy  (Seneral,  a 
Ito.v  asleep  fell  from  a  window  and  was  |)icked  up  for 
<lead,  wliiU'  Sir  Thomas  Davenport,  a  very  prosy 
sjteaker,  was  making:  a  very  lonj;,  dull  speech  to  a 
jury,  and  thai  he  (lOldon)  indicted  Davenport  for  will- 
ful murder  pei'pet rated  by  a  lon;^',  dull  instrument, 
\i/-.:  a  s[)eech;  and  that  he  was  convicted  and  se- 
verely tined."     1  Twiss'  Life  of  Kldon,  102. 

On  Ketiiinj;"  l-'nun  Chancellorship,  IStHI. 

"In  r<'tirin<;  into  i>rivate  life  I  am  upheld  by  the 
Iio|>e  that  F  shall  carry  with  me  the  continued  esteem 
of  a  pi'ofession  for  which  1  feel  an  attachment  that 
will  descend  with  me  to  the  j»rave." — In  taking  leave 
of  the  bar,  Felu'uary  ;{,  ISOC*,  when  «piittin<;  the  Chan- 
celioi'ship.     1  Twiss,  p.  27.*{. 

The  Mible  Doctrine  of  a  Trinity. 

"That  a  Divine  beinj;"  does  exist,  the  author  and 
preservei'  «»f  all  created  beinj;s,  himself  uncreated  and 
exist  in*"'  from  eternity,  is  a  truth  itf  which  I  have  no 
doubt,  and  I  never  could  bring  niys.df  to  think  that 
any  I'easonable  being  had  a  doubt  of  it.  The  whole 
Hible  scheme  of  man's  redemption,  the  wli(de  Bible 


27G 


LIFE  SKETCH  OF 


sc'lienio  of  tliis  worhl  and  that  which  is  to  come,  ap- 
pear to  me  very  mainly  to  depend  npon  the  doctrine 
of  tlie  Trinity;  and  wlien  tlie  man  of  n>ason  tells  me 
he  nnderstandw  the  fJodhead  better,  if  he  believes  as 
an  Unitarian,  than  1  do  who  believe  I  ho  <lo(lrine  of 
the  Trinity  in  Unity,  \  am  (cmtent  that  he  shonhl 
think  as  meanly  as  he  pleases  of  my  nnderslaudinj; ; 
bnt  on  the  other  hand,  I  hnmbly  pray  lo  (Jotl  to  for- 
give his  presnmi)lion.  When  the  question  was  asked, 
*Can  these  «lry  bones  live?'  I  think  the  answer  was, 
*0,  Lord  Ciod,  thou  km)west:'  when  the  question  is 
asked  'Can  these  Three  be  One?'  my  answer  is,  *Tlie 
Lord  God  knoweth!'  He  has  said  it,  if  there  be  trnt  h 
in  Scriptnre." — From  a  letter  to  Dr.  Swire:  1  Twiss, 
307. 


Contemplation  on  Religion. 

"At  the  end  of  thirty  busy  years,  I  have  nothinj;- 
to  do,  I  mean  with  this  Avorld,  but  the  great  work  of 
preparing  myself  for  another;  and  I  am  afraid  that  is 
much  to  do,  when  a  man  has  been  immersed  in  this 
world's  business,  and  such  part  of  its  business  as  I 
have  been  engaged  in  for  so  many  years." — ITe  so 
wrote  to  Dr.  Swire,  180(5.— 1  Twiss,  277. 

Public  Office. 

"God  Ivuows  that  we  live  in  times  when  public 
office,  if  it  is  not  vanity,  is  literally  and  truly  labor 
and  vexation  of  spirit,  and  how  I  get  through  my 
share  of  it  I  know  not." — 1  Twiss,  375. 


LORD  EL  DON. 


377 


Saved  to  Ills  IJrothor  ^325,000. 

KIdoii  sjivcd  Lord  Stowoll  (Win.  Scot  I,  }iis 
biotlicr)  from  losln-;-  .«,*i2r>,000  (£(;r>,00(>),  by  advisinjr 
liiiii  to  not  dcposK  i(  in  a  l>ank  in  December,  1811, 
iOldon  knowinj;-  its  conditictn,  and  il  failed  on  January 
2,  1S12.— 1  Twiss,  :u;8. 

(Jood  Natured  People,  Weak. 

"(lood  naiui'ed  ])eoi»le  are  always  weak."— 1 
'J'wiss,  372. 

Ilis  House  Mobbed,  1815. 

Eldou's  house  iu  Bedford  Square  was  mobbed, 
1815,  for  his  supposed  opposition  to  the  "Corn  Laws," 
and  he  came  near  losing  his  life.-  1  Twiss,  408. 

To  Do  Right  a  Matter  of  Concern. 

''Party,  I  dou't  mind  much;  posterity,  uot  a  great 
deal;  for,  of  this  transaction,  iu  all  its  particulars,  it 
will  bo  as  little  informed  in  matter  of  fact  as  it  is  iu 
uu)st  others; — but  to  do  the  thing  that  is  right,  is 
really  a  matter  of  most  anxious  concern  with  me."  - 
Concerning  Napoleon's  deportation  to  St.  IJelena, 
1M5:  1  Twiss,  414. 

Keep  What  You  Have. 

"Get  what  you  can  and  keep  what  you  have." — 
To  Mr.  Courtenay,  whom  he  advised  not  to  resign  his 
retainer  to  Queen  Anne  upon  his  appointment  to  be 
Master  in  Chancery:    2  Twiss,  22, 


'.>?8  1.1  Fh  SKETCH  Oh 

Solid  Uatlici'  Tliiiii  Showy. 

He  habitually  ]>rt'f('iird  the  s<>li(l  to  the  showy, 
aiul  moral  excollence  to  nuM'e  iiitcllt'clnal  (liHtliictioii. 
-  1  TwisH,  421. 

Paid  thelh-l.t  of  aDcbloi'. 

Ehlou  ]>ai(l  £1(K)  to  a  client  ratiier  than  compel  a 
lilij;ant,  whom  he  thou<;:lit  morally  ou};ht  not  to  pay 
it,  bill  legally  must  (!<»  so.     2  Twiss,  20. 


The  Lawvci'  ami  the  frmi;;)'. 

"It  was  <piite  necessary  never  to  trust  to  the 
lawyers;  it  is  their  business  to  make  a  j^ood  case  for 
their  clients;  it  was  mine  to  administer  justice." — 2 
Twiss,  p.  361. 

Deliberate  as  a  Judge,  T{ai>id  as  a  Legislator. 

"No  man,  I  believe,  who  lias  sat  in  the  court 
where  Lord  Eldon  presides,  ever  brought  the  public 
service  a  more  consummate  knowledge  of  all  its 
principles  and  practice.  I'.y  nature  a  man  of  talents, 
from  education  a  scholar,  and  bred  from  his  very 
youth  in  the  study  aiul  experience;  of  all  its  ])ossibl«! 
transactions,  nobody  could  be  better  qualified  to  de- 
cide ill  that  forum  W'tli  the  same  rapidity  as  lie  did 
the  other  day  here  (House  of  Lords)  on  the  subject 
now  before  us;  yet  how  often  does  he  there  (on  the 
bench)  pause  and  repause, — consider  and  reconsid- 
er."--Lord  Erskine:    2  Twiss,  30. 


LORD  ELDON. 


370 


Bigoted  and  Courteous. 

"Eldon  combined  Thurlow's  bigotry  witli  Ifard- 
.wicke's  courtesy." — Wliipple's  "Cliaracter,  etc."  p. 

180. 

His  Own  Reason  (Hven  f»»r  Douiiting. 

"I  always  tliouglit  it  belter  to  allow  myself  to 
doubt  before  I  decided,  than  to  expose  myself  to  mis- 
«'ry  after  I  had  decided,  of  doubting  whether  I  had 
decided  rightly  and  justly." — 2  Twiss,  358. 

Roseat  Foui' A.  M. 

"lie  rose  in  the  morning  at  four,  took  little  exer- 
cise, made  short  and  al>stemlous  ujcals,  and  sat  up 
studying  late  at  night,  with  a  wet  towel  around  his 
head  to  drive  away  drowsiness." 

Humorous  Answer  to  Dr.  Fisher. 

On  one  side  of  a  sheet  of  paper  Eldon  wrote  to 
Dr.  Fisher,  who  was  an  applicant  for  preferment, 
"Dear  Fisher,  I  cannot  to-day  give  you  the  prefer- 
ment for  which  you  ask.  I  remain  your  sincere  friend, 
Eldon.  Turn  over;"  and  on  the  other  side,  "I  gave  it 
to  you  yesterday." 

What  a  Lovely  Woman! 

"What  a  lovely  woman!"  Eldon  exclaimed  while 
pacing  Westminster  Hall,  as  a  beauty  passed.  "What 
an  excellent  judge,"  replied  the  pleased  lady. 


280 


LIFE  SKETCH  OF 


A  Poor  Shot,  but  "Killed  Time." 

Eldon  was  a  very  poor  shot,  but  an  eager  sports- 
mau,  which  led  his  brother.  Lord  Stowell,  to  observe: 
"My  brother  luis  done  much  execution  this  shooting 
season;  with  his  gun  he  has  killed  a  great  deal  of 
time." 

Eldon  Will  Drink  any  Given  Quantity. 

Eldon  was  a  great  hand  to  take  a  treat,  but  un- 
willing to  reciprocate,  as  he  was  very  parsimonious, 
which  led  Lord  Stowell,  his  brother,  when  told  Eldon 
was  quite  a  wine-drinker,  to  remark:  "Yes,  my 
brother,  John,  will  drink  any  'given'  quantity." 


Sir  George  Rose's  Verses,  and  How  Eldon  Turned 

Them  on  Him. 

Sir  George  Rose  said  of  Eldon: 

"Mr.  Leach 

Made  a  speech. 
Angry,  neat,  but  wrong: 

Mr.  Hart 

On  the  other  part, 
Was  heavy,  dull  and  long: 

Mr.  Parker  made  the  case  darker, 

Which  was  dark  enough  without: 

Mr.  Cooke 

Cited  his  book. 
And  the  Chancellor  said, — 'I  doubt' " 


LORD  ELDON. 


281 


Soon  after  Mr.  Rose  had  to  argue  an  untenable 
case  before  Eldon.  After  '  ^  had  finished,  Eldon  con- 
cluded his  statement  of  the  law  by  saying:  "For  these 
reasons,  the  judgment  must  be  against  your  cli'nit, 
and  here  the  Chancellor  does  not  doubt." 


282 


LIFE  SKETCH  OF 


LORD  ELLENBOROUGH  (EDWARD  LAW),  ENG- 
LAND. 

(1750-1818.) 

Lord  Chief  Justice  King's  Bench  for  sixteen 
years.  Born  November  10,  1750,  at  Salkeld.  Die<l 
December  13, 1818,  aged  sixty-eiglit,  leaving  a  fortune 
of  11,200,000.  Educated  at  Charterhouse  schools 
and  St.  Peter's  college,  Cambridge,  graduating  with 
high  honors,  third  wrangler  in  mathematics  and  iirst 
gold  medalist  in  classics.  Was  entered  a  student  at 
Lincoln's  Inn,  si)ent  five  years  as  a  "special  pleader 
under  the  bar,"  and  called  to  bar  at  thirty.  His  early 
experiences  were  very  painful;  submitted  to  all  the 
drudgeries  of  the  profession,  setting  before  his  aching 
eyes:  "Read  or  starve."  i'ose  at  once  to  eminence, 
wlien  tliirty-five  receiving  a  |2,500  retainer  from  War- 
ren Hastings  in  the  celebrated  impeachment  before 
the  House  of  Lords,  where  he  vanquished  such  cham- 
pions as  Burke,  Fox,  Sheridan,  Wi  ll\am  and  Grey, 
succeeding  in  twenty  out  of  twenty-three  important 
contests  on  the  admission  of  evidence,  and  after  one 
hundred  and  forty-five  days  of  trial  cleared  his  client 


Lord  ELI.ENBOROUGIf. 


■M\ 


liy  a  large  lanjoiily  v<)<«?  of  llie  Peers.  His  fees  of 
815,000  illy  paid  Lini  for  (lie  time  spent  in  this  great 
case,  but,  when  it  ended,  Law  stood  next  to  Erskine  as 
nil  advocate',  to  Avhoni  he  Avas  as  much  superior  in 
legal  learning  as  he  was  inferior  in  oratory  and  a 
knowledge  of  the  human  heart.  In  1801  he  Avas  made 
AHorney  General;  when  W\\  months  in  that  office  he 
Itccame,  1802,  Chief  Justice' and  Karon  ElIenb(»rough. 
Ill  180(5  he  I'ef used  llu' Chancrllorship. 

As  a  jmlgo,  so  far  as  nuuital  grasj)  is  concerned, 
he  was  great;  of  gigantic  intellect,  profound  mathe- 
matical attainments,  and  one  of  the  finest  classical 
scholars  of  his  time.  Tlis  «lecisions  are  celebrate<I 
for  research,  breadth,  logic  and  clearness.  Was  as 
hasty  as  Eldon  was  slow,  having  been  known  to  dis- 
pose of  eighteen  cases  in  as  many  hours.  Was  a  tire- 
less worker,  a  great  ])arliamentary  debater,  but  op- 
posed to  all  reform  in  criminal  law.  Tn  person,  lion- 
lookijig,  large,  robust,  awkward;  commanding  fore- 
head, shaggy  eyebrows,  stern  black  eyes;  harsh,  im- 
[tatient  and  subject  to  undignified  bursts  of  dis- 
pleasure. 


284 


LIFE  SKE  TCH  OF 


Employment  of  Surgeou. 

To  the  sni'geou  in  tlio  Avitness-box  who  said,  ^'I 
employ  myself  us  ti  surgeon,"  Ellenboroiigli  retorted: 
"But  does  jinvbodv  else  emi»li»v  vou  as  a  surgeon?" 

Hook  of  Nature. 

Said  Kandall  Jackson,  in  Howery  hai'angue:  *'My 

Lords,  in  the  book  of  nature  it  is  written "     "Be 

kind  enough,  Mi*.  Jackson,"  interposed  Ellenborough, 
"to  mention  the  page  from  which  you  are  about  to 
quote." 

Pleasure  to  Hear  Argument. 

I'reston,  the  great  conveyancer,  who  had  tired 
out  the  court  witli  a  dreary  speech,  toward  tlie  close 
of  the  day  asked  their  lordships  wlien  it  would  meet 
their  pleasure  to  lu'ar  tlie  remainder  of  liis  argument. 
Ellenborough  replied,  witli  a  sigh:  "We  are  bound 
to  hear  you,  and  Ave  will  endeavor  to  give  you  our  in- 
dividual time  on  Friday  next;  but  as  for  pleasure, 
that,  sir,  has  been  long  out  of  the  (]uesti(>u." 

The  Court  Is  With  Vou. 

"Tlie  unfortunate  client  for  whom  it  is  my  priv- 
ilege to  ai)pear,"  said  a  young  barrister,  nuiking  his 
tirst  attempt  in  ^^'es(miust('r  hall — "the  unfortunate 
client  for  whom  1  appear — hem,  hem — I  say,  my  lord, 
my  unfortunate  (''ent — — "  Leaning  forward  and 
speaking  in  a  soft  voice,  lOllenborough  said:  "You 
may  go  on  sir,— so  far  the  court  is  with  you." 


} 


J.OUD  ELLENBOKOUGH. 


J85 


Keiiyoii's  I'ai'simoiiy. 

Having  jested  about  Kenyon's  parsimony  as  tlie 
old  ni.'in  was  at  the  point  of  death,  Ellenborouf>Ii 
hearing  tliat  tlirongli  tlie  blnnder  of  an  illiterate  un- 
dertaker the  motto  on  Kenyon's  hatchment  in  Lin- 
coln's Inn  Fields  had  been  painted  "Mors  janua  vita," 
instead  of  "Mors  janua  vitae,"  exclaimed:  "Bless 
you,  there's  no  mistake;  Kenjon's  will  directed  that 
it  should  be  Sita,'  so  that  his  estate  might  be  saved 
the  extra  expense  of  a  diphthong." 

Determined  to  Be  Affable  as  a  Judge — But  Was  Not. 

"The  day  when  he  took  his  seat  as  Chief  Justice, 
he  said  privately  to  an  old  friend  that  his  feelings  as 
a  barrister  had  been  so  often  outraged  by  the  insults 
of  Lord  Kenyon  he  should  now  take  care  that  no  gen- 
tlemau  at  the  bar  should  have  occasion  to  complain 
i)f  an}'  indignity  in  his  court,  and  he  hoped  that  any 
one  who  thought  himself  ill-used  would  resent  it.  Yet 
before  the  first  term  was  over,  he  unjustifiably  put 
down  a  hesitating  junior,  and  ever  after  he  was  deejily 
iilfended  by  any  show  of  resistance  to  his  authority." 
— (\imi>beirs  Lives  of  the  Chief  Justices,  p.  IGL 

Literary  Criticism — Not  Libel. 

Ife  n(d)l3'  maintained  a  freedom  of  literary  crit- 
icism. Sir  John  Carr,  Knight,  a  silly  author,  brought 
an  action  against  respectable  booksellers  for  a  bur- 
lesque upon  a  certain  foolish  Travels  which  he  had 


286 


LIFE  SKETCH  OF 


given  to  the  Avorld,  relying  upon  a  recent  decision  of 

Lord  Ellenborough  in  Tabbert  v.  Tipper.  Lord  EI 
lenborough  in  bis  bedding  said:  "In  that  case  the 
defendant  had  falsely  accused  the  plaintiff  of  pub- 
lishing what  he  had  never  published.  Here  the  sup- 
posed libel  only  attacks  those  of  which  Sir  John  (/an* 
is  the  avoAved  author;  and  (uie  writer,  in  exposing  the 
absurdities  juid  errors  of  auolher,  niav  make  use  of 
ridicule,  however  poignant.  IJidicule  is  often  the 
littest  instrument  which  can  be  employed  for  such  a 
purpose.  If  the  repulation  or  pecuniary  interests  of 
the  parly  ridiculed  suiter,  it  Is  damnum  absecpie  in- 
juria. Perhaps  the  plaintiff's  'Tour  in  Scotland'  is 
noAV  usalable;  but  is  he  to  be  indemnitied  by  receiving 
Ji  compensation  in  u  , mages  from  the  person  who  may 
have  opened  the  eyes  of  the  public  lo  Ihe  bad  taste 
and  inanity  of  his  comi>osi(ion?  ^Vho  prized  tln> 
works  of  Sir  K(d)ert  Filmer  after  he  had  been  refuted 
by  Mr.  Locke?  But  shall  it  be  said  tliat  he  migh! 
have  maintained  an  action  f(U'  defanuition  against 
the  great  philosopher,  Avho  was  laboring  to  enlighten 
and  to  ameliorate  maid<ind?  V\'o  really  must  not 
cramp  observations  upon  authoi's  and  their  Avorks. 
Every  man  who  ptildishes  a  book  cojumits  himself  to 
the  judgment  of  the  public,  an<l  any  one  may  comment 
upon  his  performance.  He  may  not  only  be  refnte<l, 
but  turned  into  ridicule,  if  his  blunders  are  ridiculous. 
Keflection  on  personal  character  is  another  thing. 
Show  me  ar.y  attack  on  the  plaintilT's  character  un- 


LORD  ELLENBOROUGH. 


287 


ision  of 

.ord  El 
a  so  tbo 
of  i)ub- 
tho  sup- 
hii  Can- 
sing  tb<' 
e  use  t)f 
ftcii  tlir 
r  such  a 

I'lVStS  of 

;e(iue  iu- 
tland'  is 
ocoiviu.u 
who  may 
ad  tasic 
•l/A'd  tho 

I'cfutod 
u»  mighl 

agaiust 
'ulightcn 
nust  not 
r  worlvs, 
iniself  to 
coniinoul 

i'efule<l, 
iliculous. 
er  thinj;'. 
actor  un- 


connected with  his  authorship  and  I  shall  be  as  ready 
to  protect  him ;  but  I  cannot  hear  of  malice  from  mere- 
ly laughing  at  his  works.  The  works  may  be  very 
valuable,  for  anything  I  know  to  the  contrary,  but 
others  have  a  right  to  i)ass  judgment  upon  them.  The 
critic  does  a  great  service  to  society  who  exposes 
vapid  as  well  as  mischievous  publications.  He 
checks  the  dissemination  of  bad  taste  and  saves  his 
felloAV-subjects  from  Avasting  their  time  and  money 
upon  trash.  If  a  loss  arises  to  the  author  it  is  a  loss 
Avithout  injury;  it  is  a  loss  which  the  party  must  sus- 
tain; it  is  a  loss  of  fame  and  profit  to  Avhich  he  never 
was  entitled.  Nothing  can  be  conceived  more  threat- 
ening to  the  liberty  of  the  press  than  the  species  of 
action  before  the  court.  We  ought  to  resist  an  at- 
tempt against  fair  and  free  criticism  at  the  thresh- 
old." (Verdict  was  given  for  defendants.) — Carr  v. 
Hood  et  al.,  1  Camp.,  355. 

Overhanging  Sign. 

He  held  in  Pickering  v.  Kudd  (4  Camp.,  220)  that 
a  man  is  not  liable  in  trespass  for  nailing  to  his  own 
wall  a  board  Avhich  overhangs  his  neighbor's  field. 

His  Appearance  Ui)on  Entering  Court. 

When  lie  entered  court  he  was  in  the  habit 
of  swelling  out  his  cheeks  by  blowing  and  compress- 
ing his  lips,  and  you  would  have  supposed  that  he  was 
going  to  snort  like  a  war-horse  i)reparing  for  battle. 
--Campbell's  Lives,  p.  251. 


288 


LIFE  SKETCH  OF 


Epignun  on  Biirko. 

Law  had  the  credit  of  making  the  celebrated  epi- 
gram upon  the  leader  of  the  Hastings  impeachment: 
"Oft  have  we  wonder'd  that  on  Irish  ground, 
No  poisonous  reptile  has  e'er  yet  been  found; 
Revealed  the  secret  stands  of  Nature's  work — 
She  saved  her  venom  to  produce  her  Burke." 
But  it  is  said  to  have  been  composed  by  Dallas, 
one  of  the  counsel    for     the    defense. — Campbell's 
I-iives,  p.  141. 

Words  of  an  Attorney  Not  Actionable. 

He  held  in  Hodgson  v.  Scarlett  (1  Barn.  & 
Aid.,  232),  that  an  attorney  is  not  liable  for  speaking 
these  words  in  his  argument  to  the  jury:  "Mr.  Hodg- 
son is  a  fraudulent  and  wicked  attorney."  Spoken 
in  a  case  where  the  good  faith  of  a  transaction  which 
Mr.  Hodgson  had  conducted  was  in  question. 

No  Lover  of  Criminal  Law  Reform. 

He  thought  that  the  criminal  code  could  not  be 
too  severe.  Opposed  strenuously  the  efforts  of  Sir 
Samuel  Romilly  in  the  cause  of  humanity,  and  was 
as  much  shocked  by  a  proposal  to  repeal  the  punish- 
ment of  death  for  stealing  to  the  value  of  five  shil- 
lings in  a  shop  as  if  it  had  been  to  abrogate  the  Ten 
Commandments. — Lives  of  the  Chief  Justices,  p.  241. 


OLIVER  ELLSWORTH. 


289 


OLLIVER  ELLSWORTH,  CONNECTICUT. 
(1745-1807.) 

Third  Chief  Justice  of  the  United  States.  "Born 
to  be  a  great  man,"  at  Windsor,  Connecticut,  April 
19,  1745,  and  died  there  November  29,  1807,  age<l 
sixty-two.  lie  was  graduated  from  Princeton  col- 
lege in  17GG;  was  admitted  to  the  bar  in  1771 ,  having 
previously  studied  theology  one  year.  He  stood  at 
the  head  of  the  Connecticut  bar,  his  docket  frequently 
numbering  from  one  thousand  to  fifteen  hundred 
cases.  He  was  elected  to  the  Contineuttil  Congress 
in  1777,  and  served  on  the  Committee  of  Appeals,  aid- 
ing Robert  Morris  in  his  financial  plans.  1774  he  be- 
came a  Judge  of  the  Supreme  Court  of  Connecticut. 
In  1787  he  was  a  delegate  to  the  Federal  Convention, 
and  with  Patterson,  of  New  Jersey,  led  those  who 
stood  for  the  rights  of  the  snuill  States,  their  un- 
yielding pertinacity  bringing  about  the  compromise 
giving  each  State  equal  representation  in  the  United 
States  Senate.  He  was  one  of  the  strong  and  effective 
advocates  of  the  adoption  of  the  Constitution  by  Con- 
necticut, and  became  one  of  her  first  Senators.    He 


290  LIFE  SKETCH  OF 

was  (ho  aiitlior  of  tlio  Jiidii-iary  Act  of  1780,  "which 
lias  stood  to  tills  (lay  one  of  the  best  examples  extant 
of  legislative  ability  and  literature."  Of  this,  Justice 
Field  says:  "It  may  be  said  to  reflect  tlie  views  of  the 
founders  of  the  Republic  as  to  the  pvoper  relations 
between  the  Federal  and  State  courts."  In  179(5  he 
was  appointed  Chief  Justice  of  the  United  States  by 
Washington.  Few  cases  of  importance  were  beard 
by  the  court  while  he  was  in  ofllce,  and  in  1800  be  r«- 
signed  to  accept  an  appointment  at  llu?  head  of  the 
commission  to  negotiate  the  treaty  with  France. 

He  became  Judge  of  the  Court  of  Errors  for  Con- 
necticut in  1802,  and  declined  the  State  Chief  Jus- 
ticeship in  1807.  Adams  spoke  of  him  as  "the  finest 
pillar  of  Washington's  administration."  Says  Hamp- 
ton L.  Carson:  "He  was  a  man  of  kingly  dignity,  ex- 
alted conscience,  immutability  of  will,  but  slow  and 
ponderous  intellect."  Says  mother:  "For  strength  of 
reason,  sagacity,  Avisdom,  and  sound  good  sense  in  the 
conduct  of  affaii's;  for  moderation  and  general  abil- 
ity, it  may  be  doubted  if  New  England  has  yet  pro- 
duced his  superior." 


OLLIVER  ELLSWORTH. 


291 


Aaron  Burr  on  His  Senaioriul  Influenco. 

Aaron  IJnrr  sai<l  of  Ellsworth's  influonco  in  tlio 
rnitcd  Stales  Senate:  "If  Ellsworth  should  chance 
<«)  spell  God  with  two  *dV  it  would  take  the  Senate 
Ihree  weeks  to  niake  up  its  mind  to  expunge  the  su- 
jicrflous  letter." 

His  Defense  of  Himself  at  Yale  -The  Hat  Case. 

While  at  Yale  college  he  was  arraigned  for  wear- 
ing his  hat  in  the  college  yard,  which  students  were 
forbidden  to  do.  He  defended  himself,  maintaining 
11' at  a  hat  was  composed  of  two  parts,  the  crown  and 
llio  brim,  and  as  his  hat  had  no  brim— which  by  the 
way,  he  had  torn  off— he  could  be  guilty  of  no  offense. 
This  ingenious  defense  seeuKHl  to  satisfy  the  judges 
and  he  escaped  all  punishment. — Bigelow's  Bench 
and  Bar,  p.  118. 


292 


LIFE  SKETCH  OF 


LORD  THOMAS  EIJSKINE,  ENOT.AND. 
(1750-1823.) 

For  more  than  a  (juartcr  of  a  cciitury  the  fore- 
most advocate  in  England  in  behalf  of  life  and  lii>- 
ert.v.  Honi  January  10, 175t>,  in  a  small,  ill-fnrnishe<l 
room  in  an  upper  flat  in  Edinburjih,  Seothunl,  tiic 
youngest  son  of  David,  the  impecunious  tenth  Earl 
of  Buchan.  Died  November  17,  1823,  aged  sev- 
enty-three. A  high  school  and  academic  ed- 
ucation before  fourteen,  four  years  in  the 
navy,  as  many  in  the  army,  without  a  col- 
legiate education,  but  a  mastery  of  Milton,  Dry- 
den,  Pope  and  Shakespeare,  becoming  so  saturated 
with  the  former  and  the  latter  that  he  could  hold  con- 
versations for  days  in  their  language,  constituted  his 
foundation  for  the  study  of  law  after  twenty-five.  Ad- 
mitted at  twenty-eight,  he  suddenly  made  his  repu- 
tation in  his  first  case.  King  v.  liaillie,  for  the  de- 
fendant, receiving  a  yet  preserved  guinea  as  a  fee. 
This  speech  stanii)ed  him  as  the  foremost  advocate  of 
England,  and  briefs  poured  in  upou  him  until  his  an- 
nual income  was  $60,000. 


LORD  TirOhfAS  ERSKINE. 

iTo  was  engaj?o(l  in  the  court-niartial  of  Lord 
Kcppcl;  in  the  defense  of  Lieutenant  Honrne  of  the 
navy  for  challenging  Sir  James  Wallace;  the  Mother- 
ill  case;  the  defense  of  Lord  (lordon,  charg(Ml  with 
iii^Ii  treason;  the  Dean  of  St.  Asaph  for  seditious  li- 
bel; the  Stockdale  case,  growing  out  of  the  Hastings 
inipeaclnnent,  his  speech  being  the  finest  ever  deliv- 
ered at  the  English  bar,  winning  a  verdict  which  for- 
ever established  the  freedom  of  the  press;  the  Home 
Tooke  case;  Hardy  for  treason;  the  Thel well  case; 
the  Stone  case,  and  the  prosecution  of  Williams  for 
imblishing  Paine's  "Age  of  Reason."  Perhaps  his 
j^reatest  display  was  the  defense  of  Hadtield  for  at- 
tempting the  life  of  (Jeorge  the  Third. 

He  was  appointed  Chancellor,  and  created  a  Peer 
in  1800.  His  decisions  are  found  in  12-L'J  Yesey.  His 
last  important  case  was  the  defense  of  (^u(hmi  ("aro- 
line  in  the  House  of  Lords.  Nothing  can  be  added  to 
liord  Campbell's  estimate:  "As  an  advocate  in  the 
I'orum  he  was  witihout  an  ecjual  in  ancient  or  modern 
times."  He  was  of  medium  height,  slender,  quick  and 
nervous,  handsome  and  magnetic. 


294  LORD  THOMAS  ERSKINE. 

Advocate — Must  Be  a  Lawyer. 
''No  man  can  be  a  great  advocate  who  is  uo  law- 


. » 


yer 

English  Bar, 

"I  will  forever,  at  all  hazards,  assert  the  dignity, 
independence  and  integrity  of  the  English  bar." — 
Said  by  him  in  his  defense  of  Thomas  Paine  for  pub- 
lishing "The  Rights  of  Man." 

Duty  as  an  Advocate. 

"Your  lordship  may  proceed  in  what  manner  you 
think  fit;  I  know  my  duty  as  well  as  your  lordshi]) 
knows  yours.  I  shall  not  alter  my  conduct." — To 
Judge  Buller,  who  threatened  to  commit  him  for  con- 
tempt. 

Law. 

"I  was  bred  in  my  early  youth  to  two  professions 
(the  navy  and  the  army)  the  cliaracteristic  of  whicli 
is  honor.  But  after  the  experience  ui  ^^^h'y  many 
years  I  can  say  with  truth  that  they  cannot  stand 
higher  for  honor  than  the  profession  of  the  law. 
Amidst  unexampled  temjjtations,  which  througli  hu- 
man frailty  liaA'e  produced  their  victims,  the  great 
bulk  of  the  members  of  it  are  sound ;  and  the  cause  is 
obvious;  there  is  sometiiing  so  beautiful  and  ex- 
aited  in  the  faithful  administration  of  justice,  and 
departure  from  it  is  so  odious  and  disgusting,  that  a 


LORD  THOMAS  ERSKINE. 


295 


perpetual  monitor  is  raised  up  in  tlie  mind  against 
the  accesses  >f  corruption.  Tlie  same  ])r()tectiou 
ouj^Ut  also  to  ai>ply  to  us,  tlie  lii<>liest  of  the  judges,— 
Fr(Mii  speecli  in  the  House  of  Lords,  trial  of  (^ueon 
Ciiroline,  1S20. 

Burke  as  an  Autluir. 

"I  shall  take  care  tliat  they,  M'hose  prin- 
ciples are  left  to  my  formation,  lun'e  the  advantage 
of  doing  in  the  regular  progression  of  youthful  study 
Avliat  I  ha^e  done  even  in  the  short  intervals  of  labo- 
rious life; — that  they  shall  transcribe  Avith  their  own 
hands  from  all  the  works  of  this  most  extraordinary 
]»erson  (Burke)  the  soundest  truths  of  religion,  the 
jiistest  principles  of  morals,  inculcated  and  ren- 
dered deliglitfnl  l)y  the  most  sublime  eloquence — 
the  highest  reach  of  philosophy  brought  down  to  the 
level  of  common  minds,  by  the  most  captivating  taste, 
\\\i^.  most  enlightened  observations  on  history,  and  the 
most  copious  collection  of  useful  maxims  from  the 
cxix'rieMce  of  common  life." — From  speech  in  defense 
of  John  Jlorne  Tooke,  17<^4. 


Christian  Keligiou  and  the  Jews. 

"The  universal  dispersion  «f  the  Jews  through- 
out the  wcrld,  their  unexam])led  stifferings,  and  their 
invariably  distinguished  characteristics,  Avhen  com- 
pared with  the  histories  of  all  other  nations  and  with 
the  most  ancient  ])rediclioi)s  of  their  own  law-givers 
and  ]»rophets  concerning  them,  would  be  amply  suf- 
licieut  to  suj)port  the  truths  of  the  Christian  relig- 


2M 


LIFE  SKETCH  OF 


iou  if  every  other  record  aDd  testimony  on  which  they 
stand  had  irrecoverably  perished." — From  speech  in 
prosecution  of  Williams  for  libel  in  publishing  Paine's 
"Age  of  Reason." 

Early  Failure  as  a  Speaker. 

Was  at  first  ijainfully  unready  of  speech,  -  ,: 
embarrassed  in  his  maiden  efforts  that  he  would  iiavc 
desisted  in  his  attempt  at  oratory  had  he  not  felt,  as 
he  testifies,  that  his  children  were  tugging  at  his 
gown  and  urging  hiiu  on  in  spil:e  of  his  boggling  and 
stammering. 

^laniKT   rJofore  Jury. 

"Ills  form  was  ptculiarly  graceful,  slender  and 
supple,  yet,  when  warmed  by  an  address,  quivered 
with  the  jKMit  up  excitement  of  the  occasion.  Ilis 
features  were  regularly  beautiful  and  susceptible  of 
infinite  A'ariety  of  expression,  and  at  times  lighted  up 
with  a  smile  of  suqiassing  swwtnt^s.  eTuries,  accord- 
ing to  Lord  Riougham,  liave  declared  that  they  felt 
it  impossible  to  remove  their  looks  from  him  when 
he  had  riveted  and,  as  it  were,  fascinated  them  by  his 
first  glance;  and  it  used  to  Ik^  a  c(unmon  remark  of 
men  who  observed  his  motions  that  they  resembled 
those  of  a  blood  horse; — as  light,  as  limber,  as 
much  betokening  strength  and  speed,  as  free  from  all 
gross  superfluity  or  incumbrance." — Mathew's  "Ora- 
tory and  Oratoi*s,"  p.  358. 


LORD  THOMAS  ERSKWE 


297 


m 


Principles  of  Evidence. 

"The  principles  of  evidence  in  law  are  founded 
in  the  charities  of  religion,  in  the  philosophy  of  nat- 
ure, in  the  truths  of  history,  and  in  the  experience  of 
common  life." 

Some  Characteristics  and  Great  Efforts. 

He  studied  law  after  twenty-five  years  of  age. 
Lacked  the  advantage  of  a  college  education,  and  be- 
fore five  years  at  the  bar  rose  to  its  highest  rank.  In 
his  first  case.  Crown  v.  Baillie,  he  made  "the  most 
wonderful  forensic  effort  of  ancient  or  modern  times," 
saj's  James  L.  High.  His  business  rapidly  increased 
until  he  was  in  receipt  of  |60,000  per  year.  His  de- 
fense of  Lord  George  Gordon,  his  first  great  jury  ef- 
fort, was  won  and  sounded  the  death  knell  of  the 
doctrine  of  constructive  treason.  He  defended 
Thomas  Paine,  from  a  sense  of  duty  and  againsi.  his 
^\  ill.  Successfull}'^  defended  Hardy  for  treason,  in 
.hich  he  spoke  seven  hours,  and  was  so  exhausted 
t'jit  he  spoke  for  some  minutes  in  a  whisper.  He 
cleared  John  Home  Tooke  and  Thelwell.  As  Chan- 
cellor he  was  unfamiliar  with  equity  and  real  estate 
law.    \Vas  not  a  profound  sch(dar. 

On  Office  H(dding. 

When  turned  out  of  the  office  of  Chancellor,  Er- 
skine  said:  "I  am  much  obliged  to  them,  for  they 
have  given  me,  in  exchange  for  a  dog's  life,  that  of  a 
gentleman." — 2  Keuuf  i^  's  Wirt,  p.  262. 


208 


LIFE  SKE  TCH  OF 


His  Style. 

Ei'skiue  leaniod  but  tlie  elomeiits  of  Latin,  and 
in  Greek  went  scarcely  bojond  the  alphabet;  but  he 
dt  '  'limself  in  Aontli  to  the  study  of  Milton  and 
Shak^  are,  committing  Avhole  pages  of  the  former 
to  memory,  and  so  saturating  himself  with  tlie  great 
dramatist  tliat  he  could  hold  conversation  for  days 
not  only  in  the  words,  but  the  phrases  of  the  "myriad- 
minded  poet."  It  Avas  thus  that  he  acquired  his  beau- 
tiful style,  and  was  able  to  charm  his  hearers. 

Heart,  the  Foundation  of  Ek^quence. 

"Intellect  alone,  however  exaltcnl,  without  strong 
feelings,  without,  even,  irritable  sensibility,  would  be 
only  like  an  immense  magazine  of  powder,  if  there 
were  no  such  element  as  lire  in  tlie  natural  world. 
It  is  the  heart  wiiich  is  the  spring  and  fountain  of  elo- 
quence."— In  a  letter  introductory  to  the  published 
speeches  of  Fox. 

"Tu  Doces." 

"Tu  doces"  (thou  teaches!),  wrote  Erskine  on  an 
old  tea  chest. 

Ills  First  Case. 

"His  repiitation  was  made  in  his  first  cas<'. 
King  V.  Baillie.  The  im]tressiou  made  upon  tlie  audi- 
ence by  his  iirst  address  is  said  to  have  been  unprece- 
dented, and  I  must  own  that,  all  the  circumstances 
considered,  it  is  the  most  wonderful  forensic  cfCort  of 


LORD  THOMAS  ERSKINE. 


299 


which  we  have  any  account  in  our  annals.  It  was  the 
debut  of  a  barrister,  just  called  and  wholly  unprac- 
Uced  in  public  speaking,  before  a  court  crowded  with 
men  of  the  highest  distinction.  lie  came  after  four 
eminent  counsel,  who  might  be  sui)poscd  to  have  ex- 
hausted the  subject.  lie  was  called  to  order  by  a 
venerable  judge,  Lord  Manslield,  whose  w^ord  had 
been  law  in  that  hall  above  a  quarter  of  a  century." — 
Lord  Campbell. 

Foremost  Advocate  for  Twenty-five  Years. 

"For  more  than  a  quarter  of  a  century  before  his 
appointment  as  Lord  Chancellor,  he  had  been  the 
foremost  advocate  in  those  courts  which  heM  supreme 
jurisdiction  of  liberty  and  life."— Twiss'  Life  of  El- 
don,  vol.  1,  p.  292. 

Action  Will  Not  Lie,  Etc. 
"I  am  of  the  opinion  that  this  action  will  not  lie, 
unless  the  witnesses  do,"  wrote  Ei'skine  to  the  Duke 
of  Queensbery  about  a  doubtful  case. 


You'll  Be  Hanged  If  You  Do. 

To  his  client  Thelwell,  who  Avas  dissatisfied  with 
Erskine's  efforts  in  his  behalf,  and  who  had  written 
his  counsellor  on  a  slip  of  paper,  "I'll  be  hanged  if  I 
don't  plead  my  own  cause."  Erskine  quietly  replied, 
"You'll  be  hanged  if  you  do," 


300 


LIPE  SKETCH  OP 


Description  of  the  Indian  Chieftain. 

"I  have  heard  them  in  my  youth  from  a  naked 
savage,  in  the  indignant  character  of  a  prince  sur- 
rounded, by  his  subjects,  addressing  the  governor  of 
a  British  colony,  holding  a  bundle  of  sticks  in  his 
hands  as  the  notes  of  his  unlettered  eloquence:  'Who 
is  it?'  said  the  jealous  ruler  over  the  desert,  en- 
croached by  the  restless  foot  of  English  adventure, 
*Who  is  it  that  causes  this  river  to  rise  in  the  high 
mountains  and  to  empty  itself  into  the  ocean?  Who 
is  it  that  causes  to  blow  the  loud  winds  of  winter,  and 
that  calms  them  again  in  the  summer?  Who  is  it 
that  rears  up  the  shade  of  these  lofty  forests,  and 
blasts  them  with  the  quick  lightuing  at  his  pleasure? 
The  same  Being  who  gave  to  you  a  country  on  the 
other  side  of  the  waters,  and  gave  ours  to  us;  and  by 
this  title  we  will  defend  it,'  said  the  warrior,  throw- 
ing down  his  tomahawk  on  the  ground  and  raising 
the  war-sound  of  his  nation.  These  are  the  fillings 
of  subjugated  man  all  round  the  globe;  and  depend 
upon  it,  nothing  but  fear  will  contr<d  where  it  is  vain 
to  look  for  affection." — Erskine's  description  of  the 
Indian  chieftain  in  his  defense  of  John  Stockdale. 

A  Thick-headed  Witness. 
When  induced  to  make  a  personal  observation, 
Erskine  divested  it  of  asperity,  by  a  tone  of  jest  and 
humor.  In  a  cause  at  Guildhall,  brought  to  recover 
the  value  of  whalebone,  a  witness  was  called  of  im- 
penetrable stupidity.    There  are  two  descriptions  of 


LORD  THOMAS  ERSKINE. 


301 


whalebone,  of  different  value,  the  long  and  the  thick. 
The  defense  turned  on  the  quality  delivered;  that  an 
inferior  article  had  been  char}?ed  at  the  price  of  the 
best.  A  witness  for  the  defense  baffled  every  attempt 
at  explanation  by  his  dullness.  He  confounded  thick 
whalebone  with  lonj»-  in  such  a  manner  that  Erskine 
was  forced  to  jj;ive  it  up.  "Why,  man,  you  don't  seem 
to  know  the  difference  between  what  is  thick  and 
what  is  lou<i!;.  Now  I'll  tell  you  the  difference;  you 
are  a  thick-headed  fellow  and  not  a  long-headed  one." 
— Law  and  Lawyers,  p.  8. 


Brougham's  Description  of  Erskine. 

He  was  characterized  by  Lord  Brougham  as  one 
"in  all  respects,  the  charms  of  whose  social  converse 
were  unbounded,  of  a  demeanor  that  every  instant 
showed  his  noble  birth;  in  manners  of  perfect  ease, 
j)olish  and  grace;  of  a  temper  the  most  sweet,  and  of 
spirits  the  most  joyous  and  gay,  without  ever  being 
boisterous,  turbulent  or  obtrusive;  of  conversation 
the  most  various,  never  refusing  a  serious  turn, 
though  delighting  in  every  species  of  mirth,  from  re- 
fined comedy  to  broad  farce.  He  was  the  life  and  soul 
of  every  circle  in  which  he  mixed,  affable  to  those  be- 
low him,  full  of  firmness  and  independence  to  his 
sui>eriors — altogether  without  a  particle  of  envy,  or 
jealousy,  or  gall,  in  his  Avhole  composition — no  won- 
der that  he  was  the  darling  of  the  age  and  the  country 
in  which  he  lived.  He  was  the  most  happily,  the  most 
justly  described,  by  one  who  knew  him  well,  as  'the 


302 


LIFE  SKETCH  OF 


best  beloved  man  in  all  Scotland.'  This  was  said  by 
tlie  late  Lord  Kinnaird,  in  llie  Ilonse  of  Commons, 
himself  amon<;st  the  most  quiet  and  deli<ijhtfnl,  as 
well  as  honorable  of  men." — Law  ami  Lawyers,  p.  H2. 

Morals,  Keligion  and  Virtue. 

"Depend  upon  it,  the  world  cannot  be  held  to- 
gether without  morals,  nor  can  morals  maintain  their 
station  in  the  human  heart  w**IiO(it  religion,  which 
is  the  corner-stone  of  the  fabric  of  human  virtue." — 
From  passage  in  argument  in  Markham  v.  Fawcett 
for  criminal  conversation. 


The  Source  of  all  Our  Affections, 

"Nothing,  certainly,  is  more  delightful  to  the  hu- 
man fancy  than  the  possession  of  a  beautiful  woman 
in  the  prime  of  health  and  youthful  passion;  it  is,  be- 
yond all  doubt,  the  highest  enjoyment  which  God  in 
his  benevolence,  and  for  the  wisest  purposes,  has  be- 
stowed upon  his  own  image.  T  revere  ice,  as  I  ought, 
that  mysterious  union  of  mind  and  body,  which, 
while  it  continues  our  species,  is  the  source  of  all  our 
affections — which  builds  up  and  dignifies  the  condi- 
tion of  human  life — which  binds  the  husband  to  the 
wife  by  ties  more  indissoluble  than  laws  can  possibly 
create — and  which  by  the  reciprocal  endearments 
arising  from  a  mutual  passion,  a  mutual  interest,  and 
a  mutual  honor,  lays  the  foundation  of  that  parental 
affection  which  dies  in  the  brutes,  with  the  necessities 


LORD  THOMAS  ERSKINE. 


303 


of  nature,  but  wliicli  reUccKs  back  \v^\\\\\  upon  the  liu- 
man  parents  tlie  nnspeakable  sympathies  of  their  off- 
sj»rin^\  and  all  the  sweet,  deliohtful  relations  of  social 
existence." — Extract  from  iir}»nnient  for  defense  in 
Howard  v.  Ijinghani,  Crim.  Con. 


304 


LIFE  SKETCH  OF 


WILLIAM  MAXWELL  EVARTS,  NEW  YORK. 

(1818 .) 

"The  Prince  of  the  American  bar."  Born  at  Bos- 
ton, February'  (J,  1818.  Entered  Yah^,  a  freshman,  at 
fifteen,  and  graduated  at  nineteen,  with  Samuel  J. 
Tilden,  Chief  Justice  Waite,  Attorney  General  Pierre- 
pont.  Professor  Lyman,  Benjamin  Silliman  and 
others,  for  classmates.  Took  a  law  course  at  Llarvard, 
and  read  with  Daniel  Lord  in  New  York  city,  where 
he  began  practice  in  1841.  Business  quickly  came 
upon  him,  but  like  Kufus  Choate,  he  read  some  law 
daily  throughout  his  active  life.  After  eight  years  at 
the  bar  he  was  made  Assistant  United  States  Attor- 
ney in  the  city,  holding  the  position  four  years;  made 
Attorney  General  under  President  Johnson;  Secre- 
tary of  State  under  President  Hayes;  United  States 
Senator  for  New  York,  1885  to  1891.  He 
has  been  counsel  in  the  three  greatest  cases 
in  this  country  during  his  career, — the  Johnson  Im- 
peachment, the  Geneva  Arbitration,  and  the  Ilayes- 
Tilden  contest.  He  was  also  counsel  in  the  Lemmou 
slave  case;  the  Parrish  will  case;  the  will  of    Mrs. 


WILLIAM  MAXWELL  RVARTS. 


nofi 


)RK. 

at  Bos- 
nan,  at 
nuel  J. 
Pierre- 
in    and 
[arvard, 
^,  where 
ly  came 
)me  law 
years  at 
s  Attor- 
•s;  made 
l;  Secre- 
d  States 
He 
jt    eases 
ison  Im- 
e  llayes- 
Lemmon 
of    Mrs. 


(lardner,  the  mother  of  President  IVler's  widow; 
senior  connsel  for  Mr.  lleecher  in  the  Beocher-Tilton 
six-months'  trial,  orcnpyiii}^  elglit  days  in  his  closing 
sjieech;  for  the  prosecution  in  the  "Havannah  Priva- 
teers," being  opposed  by  James  T.  Brady ;  and  in  many 
other  important  causes.  Received  a  .*5;5(),000  fee  for 
an  opinion  upon  the  Berdell  mortgage  against  the 
Boston,  Uartford  and  Erie  Railwa3^ 

Mr.  Evarts  is  not  only  a  great  lawyer,  but  dis- 
tinguished as  a  statesman,  orator  and  after-dinner 
speaker.  lie  has  high  scholarship  and  fine  literary 
taste,  as  has  been  displayed  in  numerous  orations, 
and  addresses.  lie  is  pre-eminently  practical,  philo- 
sophical, shrewd  and  far-seeing,  with  an  overmaster- 
ing command  of  legal  lore.  Said  the  Albauy  Law 
Journal  during  the  Beecher-Tilton  trial:  "In  humor, 
in  adroitness,  in  judgment,  in  patience,  in  self-mast- 
ery, and  in  a  knowledge  of  law  in  its  highest  and 
broadest  sense,  Mr.  Evarts,  in  our  opinion,  is  facile 
princeps.      He  is  five  feet  seven,  thin  and  slender, 

with  a  face  like  parchment.     Some  one  has  said: 
"He  is  all  head,  nose,  voice  and  forefinger." 


306 


LIFE  SKETCHOF 


A  Trial  in  a  Court  of  Justice. 

"A  trial  in  a  court  of  justice  is  a  trial  of  many 
things  besides  the  jjrisoners  at  the  bar.  It  is  a  trial 
of  the  strength  of  tlie  laws,  of  the  power  of  the  Gov- 
ernment, of  the  duty  of  the  citizen,  of  the  fidelity  to 
conscience,  and  the  intelligence  of  the  jury.  It  is  a 
trial  of  those  great  principles  of  faith,  of  duty,  of  law, 
of  civil  society,  that  distinguisli  the  condition  of  civil- 
ization from  that  of  barbarism.  I  knoAv  no  b  ?r 
instance  of  the  distinction  between  a  civilize 
structed  Christian  people,  and  a  rude  and  barbarous 
nation,  than  that  which  is  shown  in  the  assertions 
of  right,  where  might  and  violence,  and  the  rage  of 
])assion  in  physical  contest,  determine  everything; 
and  this  last,  sober,  discreet,  patient,  intelligent,  au- 
thorized, faithful,  scrupulous,  conscientious  investi- 
gation, under  the  lights  of  all  that  intelligence  with 
which  God  has  favored  any  of  us ;  under  that  instruc- 
tion which  belongs  t»  the  learned  and  accredited  ex- 
pounders of  the  law  of  an  established  free  govern- 
ment; under  the  aid  of,  and  yet  not  misled  by,  the 
genius  of  eloquence  of  advocates  on  either  side." — 
Opening  of  speech  in  prosecution  of  the  case  of  the 
"Savannah  Privateers"  indicted  for  piracy,  tried  in 
N.  Y.,  Oct.  1861. 

Marshall  and  Webster. 

"If  I  were  to  name  two  men  whose  services  were 
incomparably  above  that  of  all  others  in  making  this 
new  experiment  of  free  government  of  paper  consti- 


IVILLfAM  Af AX  WELL  EVARTS. 


m 


fiitions  a  livinj;  power  to  a  great  and  Htreiiuons  na- 
tion— hvo  lliat  ((Mild  not  liave  been  .sj)ared,  though 
all  others  remained — I  should  say  that  to  the  great 
Chief  Justiee  >[arsliall,  and  to  the  great  forensic, 
popular,  ]»arlianientary  defender  and  expounder  of 
the  ( ■onstitiition,  Daniel  \Vel)ster,  we  most  owe  what 
we  now  enjoy."  Address  of  Wm.  M,  Evarts  at  the 
unveiling  of  the  statue  of  Daniel  Webs'cr  in  Central 
Park,  Nov.  25th,  ISTd. 

Ainhition. 

"1  do  not  know  that  one  should  question  ambi- 
ti(»n,  for  it  is  the  i)ublie  i)assion  by  which  great  pub- 
lic talents  are  made  useful  to  people." — Idem. 

Webster  as  a  Lawyer. 

"1  am  (luite  sure  that  there  is  not  in  the  general 
judgment  of  the  professi(m,  nor  in  the  conforming 
ojiinion  of  his  ((umtrymen,  any  lawyer  that  in  the 
magnitude  of  his  causes,  in  the  greatness  of  his  pub- 
lic character,  in  the  immensity  of  his  influence  upon 
the  fortunes  of  the  country,  (tr  in  the  authority  which 
his  manner  of  forensii;  elo(iuence  produced  in  courts 
and  over  courts,  can  be  placed  in  the  same  rank  with 
Mr.  Webster."— Idem. 

The  StulTed  Sage. 

"IJefore  sui)[»er  you  beheld  a  goose  stuffed  with 
sage;  now  you  see  a  sage  stuffed  with  goose,"  said 
Evarts  in  a  toast,  refen-iiig  to  a  distinguisheil  guest, 
after  eating  a  stulTed  goose. 


808 


LIFE  SKETCH  OF 


luconsisteiicy. 

"Hancock's  declaring  in  favor  of  a  full,  froo  bal- 
lot, and  a  fair  count,  is  about  as  consistent  as  the  hus- 
band's killing  his  wife  with  the  motto,  *Gccl  bless  our 
hirae,' "  said  Ev.arts  in  a  speech  in  the  campaign  of 
1880. 

Student  Who  Couldn't  Pass  Examination. 

"In  speaking  of  the  Democratic  party  in  tlio  same 
campaign,  Mr.  Evarts  said:  "It  is  like  the  teacher 
who  could  not  pass  examination  down  in  Texas,  and 
after  his  erasures,  vras  allowed  to  try  it  over  again, 
and  failed  a  second  time.  He  was  asl-ed  why  he  did 
not  pass,  and  replied,  'How  could  I?  They  asked  me 
the  same  questions.'  lie  had  better  have  answered 
like  the  student  at  college,  who  had  been  badly 
plucked  in  examin^ition,  and  was  asked  how  he  fared. 
'Fared,'  said  he,  *I  didn't  pass  at  all,  and  yet  I  an- 
sweretl  every  question  correctly;  and  they  askisl  me 
a  great  many  questions.'  'How  could  that  be,'  asked 
his  friends,  'Why,'  he  replied,  'to  every  question  they 
asl.ed  me,  I  replied  that  I  didn't  know.' " 


We  Are  the  Clay — You  Are  the  Poller, 

"Mr.  W.  M.  Evart.s,  who  has  just  been  ceh^brating 
his  golden  wedding,  is  a  man  of  wit  not  loo  often  usimI 
for  telling  effect.  He  Hashes  Lis  steel  to  good  pur- 
pose now  and  then.  The  story  is  said,  that  once  at  a 
dinner  of  the  New  York  Potters,  a  sort  of  family  re- 
union, he  as  their  counsel  had  been  asked  to  dine  with 


V. 


WILLIAM  MAXWELL  EVARTS. 


309 


them  all.  There  was  a  bishop,  and  there  was  a  doc- 
tor of  divinity,  and  there  were  other  distinguished 
scions  of  the  family  tree  present,  and  the  after-dinner 
speeches  had  all  been — very  natural  for  such  an  oc- 
easion— on  the  fame  and  success  of  one  another.  The 
history  of  the  Potters  since  they  first  came  to  this 
count I'y,  was  told  in  all  its  glorious  details.  Then 
Mr.  Evarts  was  asked  to  make  a  speech,  and  they 
say  he  said  that  he  felt  he  really  must  be  ex- 
cused. In  this  reverend  jjresence,  however,  he  might 
l)e  pardoned  for  uttering  a  paraphrase  of  Scripture 
which  had  come  into  his  mind  dui'ing  the  speeches  of 
the  rest — M^ord,  Lord,  thou  art  the  clay,  and  we  are 
the  rotters!"— lioston  Trauscrij)t,  September,  1803. 


Affidavits  not  Facts. 

"l^etters  of  acceptance  of  a  candidate  for  the 
Presid<'ncy  are  not  exactly  transactions  or  acts  of 
Congress.  When  Admiral  Coftin,  who  lived  at  Cape 
Cod,  as  a  chihl,  had  by  his  adherence  to  the  British 
ci'own  riseji  to  th<'  great  rank  of  Admiral  in  the  navy, 
he  came  over  to  visit  this  c<Muitry.  TTe  came  over  in 
about  1S30  to  see  his  native  land.  On  the  way  over 
he  told  his  otlicers  that  at  Tape  Cod  they  wouhl  set* 
lobsters  that  would  weigh  twenty-live  ]»()unds.  The 
ruies  would  not  i)ermit  the  officers  to  contradict  the 
Admiral,  but  they  distrusted  the  statement.  He 
said,  *lf  you  doubt  it,  I  will  make  you  a  bet,'  It  was 
nia<le.  On  arriving  and  making  a  thorough  hunt,  no 
such  lobsters  were,  of  course,  found,    'Well,'  said  he, 


310 


LIFE  SKETCH  OF 


'tliey  don't  happen  to  be  here  just  noAV,  but  I  will  got 
the  affidavits  of  the  fishermen  to  show  there  are  such 
lobsters.'  A  pile  of  affidavits  Avas  brought  in,  and  it 
was  left  to  an  umpire  to  decide  the  bet,  and  he  de- 
cided that  aflidavits  were  not  lobsters." — Said  bv 
Evarts  in  a  campaign  speech,  1880. 

Republican  IJlacks — Democratic  Wliites. 

"The  K"publican  blacks  pick  all  tlie  cotton  of  the 
Democratic  whites,  and  the  Democratic  whites  pick 
all  the  votes  of  the  Republican  blacks." — In  speech 
in  Brooklyn,  N.  Y.,  Oct.  20,  1880. 


Blaine's  Tribute. 

"It  has  been  my  duty  and  my  pleasure  in  these 
long  years  to  follow  you;  to  learn  from  you  wisdom 
in  public  affairs,  and  to  join  with  my  countrj'men  in 
ascribing  to  you  not  merely  the  great  merit  of  leader- 
ship in  the  ?ioblest  of  professions,  but  to  yield  our  ad- 
miration for  tl;e  singular  success  which  has  given  t»> 
yru  the  opport.inity  to  lead  in  the  iliree  most  im- 
portr.nt  cases  ever  pleaded  b}'  a  member  of  the  Amer- 
ican bar.  First,  in  resisting  your  own  party  in  what 
you  regarded  the  impolicy,  if  not  the  madness,  of  im- 
peaching a  President;  secoud,  in  maintaining  before 
the  greatest  international  tribunal  that  has  assem- 
bled in  modern  times  the  rights  of  your  countiy.  and 
obtaining  redress  for  wrongs  to  her  that  grew  out  of 
the  Civil  War;  and  third,  averting  anotlier  civil  war 
by  pleading  before  an  Electoral  Commission  for  a 


WILLI  AM  MAXWELL  E  FARTS. 


811 


peaceful  settlement  of  the  angriest  political  contro- 
versy that  ever  arose  between  parties  in  the  Unite<l 
States." — At  the  Delmonico  Dinner,  New  York,  Octo- 
ber 30,  1880. 

Donkey  Lonely  Without  llim. 

Said  Evarts:  "For  the  amusement  of  my  little 
daughter,  I  sent  a  donkey  to  my  country  home  in  Ver- 
mont. It  was  not  much  larger  than  a  slieep.  The 
child  had  never  heartl,  until  a  day  or  two  after  the 
arrival  of  the  animal,  the  lamentable  voice  of  the 
creature.  Struck  by  the  sadness  of  its  tone,  she 
wrote  in  great  haste  for  me  to  return  immediately, 
stating  as  a  reason  that  the  doiiloy  was  so  lonely 
without  me." 


Pen  Picture. 

JTe  was  recently  described  by  a  reporter,  as  fol- 
lows: "In  that  pale,  and  almost  emaciated  face,  that 
fragile  enwarpmeut  of  body,  which  seems  shaken  by 
the  earnestness  of  its  own  talk,  is  packed  tliat  librar;, 
of  knowledge,  and  that  liery  concentration  of  eloquent 
speeeh,  which,  collectively,  make  up  the  product  of 
humanity  called  William  M.  Evarts.  lie  looks  like  a 
man  whom  his  soul  had  burned  up  with  its  own  in- 
tensity till  all  that  was  inOammable  was  exhaled, 
leaving  a  thin  body  and  a  face  lit  up  with  great,  weird, 
far-seeing  eyes." — Descrijjtiou  of,  while  in  Hayes' 
Cabinet,  by  a  reporter. 


312 


LIFE  SKETCH  OF 


Parallel — Evarts,  Porter,  Bea'^h. 

"We  confess  tliut  after  quaking  at  the  thunders 
of  Beach,  and  "^loAving  feverish  over  the  drama  of 
Porter,  it  is  refreshing  to  listen  to  the  calm,  clear 
logic  of  a  man  like  Evarts.     If  one  considers  a  case 
under  Beach's  presentation,  it  is  like  looking  on  an 
<d)ject  through  a  superior  magnifying  glass;    when 
Porter  presents  it,  you  gaze   through   a   variously- 
stained  glass  window  of  many  panes;  when  Evarts 
presents  it,  you  see  it  through  a  broad,  clear  pane  of 
French  plate.     We  had  feared,  hoAvever,  that  Mr. 
Evarts  would  not  appear  to  his  best  advantage  in 
this  trial.     We  had  supposed  that  liis  proper  and  ex- 
clusive arena  was  where  grave  Constitutional  ques- 
tions are  discussed — as,  for  instance,  on  the  impeach- 
ment trial  of  President  Johnson.     But  his  conduct 
of  this  case  has  been  a  surprise  to  us,  as  we  dare  say 
it  has  been  to  every  one  else.     It  seems  to  us  that  it 
has  been  faultless      In  every  point  of  view — an  an 
examiner  an<l  cross-examiner,  in  ihe  discussion  of 
points  of  evidence,  and  in  the  summing  up — he  has 
exhibited  the  most  varied  and  admirable  talents  of  a 
lawyer.     His  cross-examination  of  Theodore  Tilton, 
in  our  judgment,  was  an  unequalled  masterpiece; 
and  his  final  argument,  while  it  must  yield  to  those  of 
his  brethren  in  brilliancy  and     declamatory  force, 
must  have  left  a  deeper  mark    ii  the  jury  than  theii*s. 
Mr.  Evarts'  rhetoric  is  far  friun  being  a  model — some- 
what diffused  and  involved ;    imt,  spite  of  all  seeming 


WILLIAM  MAXWELL  EVARTS. 


318 


disadvantages,  he  has  the  art  to  appear  less  an  ad- 
vocate and  more  a  disinterested  judge  than  either  of 
his  compeers."— "Three  Great  Advocates,"  Albany 
Law  Journal  during  Beecher-Tilton  Trial,  1875. 


314 


LIFE  SKETCH  OF 


DAVID  DUDLEY  FIELD,  NEW  YORK. 

(1805-1894.) 

The  great  code  reformer,  of  whom  an  English 
Chancellor  says:  "Has  done  more  for  the  reform  of 
law  than  any  man  living."  He  is  of  the  most  noted 
American  family,  except  the  Adamses,  in  our  history. 
Born  at  Haddam,  Connecticut,  February  13,  1805; 
died  April  13,  1894,  in  his  ninetieth  year.  He  at- 
tributed his  longevity  to  a  robust  constitution,  plenty 
of  exercise  and  much  hard  work.  Was  the  son  of  a 
minister,  brother  of  Stephen  J.,  the  renowned  judge, 
Cyrus  W.,  the  great  merchant,  and  Henry  M.,  the 
distinguished  clergyman,  author  and  editor.  Studied 
Latin,  Greek  and  mathematics  under  his  father  at 
nine,  graduated  from  Williams  College  at  twenty, 
read  law  with  Harmanus  Bleecker,  of  Albany,  and 
Henry  and  Robert  Sedgwick,  of  New  York  city,  and 
was  admitted  at  twenty-three.  He  practiced  for  over 
sixty  years,  being  the  trusted  adviser  of  Cyrus  W. 
Field,  Jay  Gould,  Russel  Sage  and  other  millionaires, 
and  had  a  practice  of  $100,000  a  year,  and  during  his 
busiest  days  more  millions  have  depended  upon  him 


r>AVID  DUDLEY  FIELD. 


315 


iliiin  on  any  conteniponiry.  When  u  young'  man  he 
tliorouglily  niaslored  Uie  common  law  and  equity 
luacliee,  and  became  impressed  with  their  extreme 
technicalily.  As  a  consequence,  for  more  than  fifty 
years  he  worked  untiring;ly  to  reform  the  hiws  of  his 
State  and  the  Ennli^li  Avorhl,  and  lived  to  see  his  code 
system  adopted  in  twenty-four  States  and  Territories, 
made  the  basis  of  tlie  legal  act  of  England  and  of  the 
practice  in  several  English  colonies,  including  India. 
His  proposed  "International  Code"  has  attracted  the 
attention  of  all  jurists,  and  has  been  translated  into 
I'^rench,  Italian  and  Chinese. 

Among  liis  most  celebrated  causes  was  the  Op- 
dyke,  the  Tweed,  the  Milligan,  the  McCardle,  the 
Cruikshank,  the  Cummings  and  the  Garland  cases, 
the  "Erie  Litigations,"  and  his  efforts  in  behalf  of  the 
•  levated  railways  of  New  York.  He  stood  six  feet 
two;  was  broad-chested  and  powerfully  built,  but 
stooped  from  excessive  study  and  age.  He  will  rank 
in  history  as  one  of  the  greatest  minds  of  the  century. 


316 


LIFE  SKE  TCH  01' 


Opdyke-Weed  Libel  Suit. 

"O!  cruel  is  that  Tliurlow  ^V'ee(l,  who  iiuuh'  this  j^rent 

display, 
Who's  kept  you  here  about  a.  uiouth  with«jut  a  cent  (»f 

pay, 

And  cruel  are  the  witnesses,  and  cruel  are  the  laws, 
And  cruel  are  the   jurymen — unless   you   win    our 

cause." 
— Summing?  up  to  the  jury  in  libel  suit  of  Opdyke  v, 
Thui*slow  Weed,  N.  Y.  Supreme  Court,  Dec.  and  Jan., 
1864-5. 

Hard  Work  and  Exercise — Secrets  of  His  Health. 

"I  attribute  my  remarkably  good  health,  flrs^  to 
a  good  constitution,  and  second  to  hard  work.  Hard 
work  never  killed  any  one.  Idleness  has  slain  its 
thousands.  Then,  again,  exercise  has  helped  me.  I 
have  never  allowed  a  day  of  my  life  to  pass — hot, 
cold,  wet  or  dry — Avithout  Avalking  several  miles  in 
the  open  air.  (.'abs  and  street  cars  I  cannot  abide. 
As  for  eating  and  drinking,  I  follow  no  special  rule. 
I  take  what  I  like,  and  let  the  rest  alone.  I  tind  that 
policy  to  agree  with  me." — From  Hari)er's  Weekly. 

Lincoln. 

"Lincoln  was  the  most-sided  man,  I  think,  I 
ever  met.  Webster,  Clay,  Calhoun  and  others  were 
great  men  in  their  Avay,  but  Lincoln  was  great  in  a 
multitude  of  ways.  There  seemed  hidden  si)riugs  of 
greatness  in  this  man  that  would  spring  forth  in  the 


DA  VID  DUDLE  V  FIELD. 


317 


most  nnoxpectod  way,  and  even  the  men  about  bim 
woro  at  a  loss  to  accovint  for  the  order  of  the  niiiii's 
i;(Milns."  Mr.  Field  almost  idolized  Lincoln  for  the 
jironiotion  of  his  beloved  brother,  Stephen,  to  the 
Supreme  Bench. — Idem. 

Tilden. 

"Personally,  T  held  close  and  friendly  relations 
with  Samuel  J.  Tilden.  His  was  one  of  the  keenest, 
analytical  minds  I  have  ever  known,  and  his  capacity 
for  politics,  as  well  as  real  statesmanship,  was  re- 
markable.*'— Idem. 

(ireeley. 

"(Jreeley  was  a  very  great  man  in  some  ways, 
and  a  very  weak  one  in  others,  lie  was  almost  as 
many-sided  as  Lincoln  himself,  and  was  a  wonderful 
combination  of  goodness  and  weakness.  He  was  my 
liiend  for  many  years,  and  my  co-worker  in  helping 
lo  nominate  Lincoln,  but  his  own  nomination  in  1872 
struck  me  as  the  grotesque  ending  of  a  movement 
that  promised  much.  As  President  he  would  have 
been  used  by  selfish  men  for  their  own  ends." — Idem. 

Was  Rich  and  Parsimonious. 

He  accumulated  a  large  fortune  in  the  active 
practice  of  bis  im)fession,  and  by  judicious  ventures 
and  investments.  He  had  the  reputation  of  being  par- 
simonious, but  in  large  affairs  be  did  not  scruple  to 
spend  money  liberally. 


318 


LIFE  SKETCH  OF 


Insisted  on  Pay  for  Lost  SIioch  iit  ITot<^l. 

"He  lost  a  pair  of  old  slioos  at  tlie  Delavan 
House,  in  Albany,  when  a  guest  there— tliey  wen* 
stolen  from  his  door  by  a  drunken  nsseniblyinan  for 
a  lark.  He  made  the  landlord  send  out  and  buy  him 
a  new  pair  of  four-dollar  shoes.  Tlie  landlord  subse- 
quently found  the  missing  shoes  and  sent  them  to  liiiii 
Avith  a  sarcastic  note,  and  Mr.  Fieh^  veturned  the  new 
shoes,  (d)serving  that  he  liked  the  old  ones  ta  greal 
deal  better.  His  stalwart  and  noble  figure,  clad  in 
that  old  gray  suit,  with  tliat  time-honored  blue  or  red 
necktie — the  only  gaiety  he  indulged  in  di'ess  —and  in 
those  (dd  shoes,  was  one  that  commanded  respect,  and 
there  were  few  indeed  fit  to  stand  in  those  shoes," 
Irving  IJrowne,  "Easy  Cliair,"  May,  '1)4,  (Jreen  Bag. 

Mind,  etc.,  Belonged  to  Client.— Heart,  etc.,  Did  Not. 

When  asked  if  he  did  not  fret  over  an  advnsi' 
result  in  a  legal  case,  he  said  he  did  not  if  lu*  liad 
done  his  duty.  Laying  his  hands  across  I  he  median 
line  of  his  body  he  said:  "All  above  this — bronchials, 
throat,  voice  and  brain,  belong  to  the  client,  but  noth- 
ing below — heart,  stomach,  bowels  or  liver  —does." 


His  Gallery  of  Patriots  at  a  Banquet. 

"At  a  banquet  toast  he  erected  a  gallery  of  i)at  ri- 
ots— for  France,  Lafayette;  for  (dd  Rome,  Brutus;  for 
Greece,  Pericles;  foi*  Great  Britain,  the  elder  Pitt; 


DAVJD  DUDLEY  FIELD. 


319 


for  Irc'lanfl,  Robort  Enimett;  for  the  United  States, 
^^'asllillJ^ton  aiul  Lincoln;  for  Italy,  Garibaldi,  and 
for  Ilnngary,  Kossntli."— A.  Oakley  Hall,  May,  '94, 
(ire«'n  Bag. 

Saturate  Your  Uraiu  as  a  Sponge  With  Facts  and 

Law. 

"In  preparing  your  case  for  trial  or  summing  up, 
treat  your  brain  as  a  sponge  and  saturate  it  with  your 
facts  and  legal  principles.  Then  you  have  but  to 
sfjueeze,  and  the  gray  fluid  will  How  copiously  to  irri- 
gate judge  and  jury— but  first  get  the  sand  out  of 
tiie  sponge!" — Mr.  Field's  advice  to  A.  Oakley  Hall, 
May,  '94,  Green  Bag. 

Not  a  Cheap  Lawyer — 15,000  for  an  Opinion. 

"On  one  occasion  he  was  employed  by  a  great 
corporation  to  write  an  opinion  on  a  matter  of  vital 
moment  to  its  interests.  He  bestowed  several  day;< 
on  it  and  charged  §5,000  for  it.  The  corporate  officers 
were  astounded.  Mr.  Field  said:  'Whv  did  vou  come 
to  me?  You  know  that  I  am  not  a  cheap  lawyer.  You 
knew  that;  j-ou  could  get  an  opinion  to  the  same  effect 
for  a  lifth  of  the  money  from  any  one  of  half  a  do/Am 
lawyers' — naming  them — -'which  would  have  com- 
manded respect,  but  for  some  reason  you  came  to  me. 
Xow  I  think  you  came  to  me  because  you  believed 
that  my  oi)inion  would  be  more  influential  in  effect- 
ing the  result  Avhich  you  desired,  and  I  believe  that 
end  has  been  accomplished,  and  that  my  opinion  con- 


820 


LIFE  SKETCH  OF 


tribut(Kl  largely  toward  it.  Am  I  not  right?'  Tlie 
otlicers  could  not  gainsay  those  allegations.  'Very 
well,  then,  gentlemen,  you  have  been  benefitted  to  a 
vast  amount  through  my  opinion,  and  you  must  pay 
me  my  charge,  whidi,  all  tilings  considered,  is  a  very 
small  one.'  They  pai«l,  and  they  kept  on  i)aying  his 
charges." — Irving  Browne  in  "The  Lawyers'  Easy 
Chair,"  May,  '94,  Green  Bag. 

Gave  |1),000  to  Support  R.  B.  Taney's  Daughter. 

"When  ('hief  Justice  Taney  died,  in  penury,  he 
left  a  daughter  Avithout  means  of  snpport.  There  was 
a  proposal  among  the  national  bar  to  make  some  pro- 
vision for  her,  but  it  moved  ?io  sluggishly  and  seeme<l 
so  likely  to  fail,  that  Mr,  Field  came  forward  volun- 
tarily and  gave  his  personal  bond  to  the  Clerk  of  tin? 
Supreme  Court  of  the  United  States,  conditioned  to 
I»ay  the  daughter  an  annuity  of  |500.  This  covenant 
h^  kept  up  for  eighteen  years,  lie  did  not  know  the 
Chief  Justice  nor  the  daughter  at  all,  and  did  not  at 
all  approve  the  Chief  Justice's  political  sentiments, 
but  what  he  did  was  for  the  honor  of  the  bar  and  to 
save  the  Nation  from  discredit.  Tlie  act  was  like 
him,  and  the  omission  to  proclaim  it  was  also  like 
him." — Idem. 

Hated  Tobacco. 

lie  detested  tobacco  and  used  to  rail  against 
smoking,  and  say  ihat  mankind  was  enslaved  by  a 
habit  which  compelled  public  carriei'S  to  furnish 


DAVID  DUDLEY  FIELD. 


821 


V  The 
*Vory 
ed  to  a 
list  pay 
I  SI  very 
inj?  his 
4'  Easy 


jhter. 

ury,  he 
ere  was 
me  pro- 
seemed 
I  v(duu- 
k  of  the 
oned  to 
Dveuaut 
now  the 
I  not  at 
imeuts, 
•  aud  to 
^-as  like 
Iso  like 


separate  veliicles  for  their  indulgence  in  it — worse 
than  cattle  cars — he  used  to  call  them. 

See  Dillon's  Tribute,  under  "John  F.  Dillon." 

Master  of  Law  of  Torts  and  Libel. 

He  was  always  a  master  of  the  laAV  of  torts,  and 
was  especially  learned  in  tliat  of  libel.  Was  counsel 
for  James  (JonlcMi  Rennet,  Sr.,  in  defending  the  Her- 
ald afiainst  a  libel  broiight  by  a  musical  composer 
and  critic. 

His  Opposition  AVhen  Trying  to  Get  Code  Adopted. 

"I  was  treated  with  ()pi)osiiion  such  as  Koniilly, 
when  he  undertook  to  ameliorate  in  England  the  bar- 
barity' of  the  penal  procedures  and  statutes  that  con- 
signed jmacliers  and  petit  larceners  to  the  scaff(dd ;  or 
such  as  Parker,  Pliillips,  Garrison,  and  Sumner  had 
to  withstand  wlien  they  sought  to  change  and  ameli- 
orate tlie  procedure  and  statutes  against  slavery;  or 
sucli  as  hounded  John  Quincy  Adams  on  the  floor  of 
the  House  of  Representatives  when  he  moved  to 
amend  the-  procedure  that  barred  the  right  of  peti- 
tion."— In  a  conversation  with  A.  Oakley  Ilnll  in 
1S57,  May,  1804,  (Jreen  Bag. 


against 
ed  by  a 
furniah 


322 


LIFE  SKETCH  OF 


STEPHEN  JOHNSON  FIELD,  CALIFORNIA. 

(181G .) 

Senior  Associate  Justice  of  the  United  States 
Supreme  Court,  being  api)ointe(l  by  Linc(»ln,  Marcli 
10,  1803.  He  is  the  sou  of  a  minister  and  brotliej-  of 
David  Dudley,  Cyrus  W.,  Henry  ^f.,  and  Mrs.  Josiali 
Brewer,  mother  of  David  J.  Drewer.  He  was  taken 
by  his  sister  when  thirteen  to  Smyrna,  wliere  lie  ac- 
(|uired  mod(nn  Greek,  tiie  French  and  the  Italian  lan- 
jHuages.  He  j>i'adnat.<Ml  from  Williams  at  twenty,  Avilh 
hi'j;hest  honors,  studied  law  and  formed  a  partnership 
Avith  David  Dudley,  his  brother.  Traveled  in  Europe 
in  1848-0,  and  in  the  latter  year  went  to  California, 
Jirriving-  with  fid;  became  one  of  the  foreuiost  law- 
y<M's  in  <hat  State,  and  was  elecled  to  its  Supreme 
Hei.ch  in  1857,  and  held  the  position  nearly  six  years, 
thre(?  and  a  half  as  Chief  Justice.  He  Avas  ma<le 
LL.D.  by  ^\'iliiams  in  lS(»t,  and  in  1S80  received  in 
convention  sixty-six  votes  for  t!ie  Fi'esidency. 

As  a  Federal  ju(l<i-e  he  has  kept  in  view  two 
principles:  preservation  of  the  National  jjovernment 
and  that  of  the  States  from  every  interference  witii 
each  otlier,  and  the  protection  of  private  I'ights  from 


^ 


F 


,  !:l'Ht;>    .UMINSON    HELir 


LII-E  SKETCH  OF 


^TEPUcIN  .!(^iI^;^oN  FIELn,  <  •..LlFORXf  A. 

(1810—.) 

H'^nior  A.^vocjaff  .rustJcr-  of  ii  ,    .  .iited  Stu1»N 
Supremo  Coiiiv,  boiuj;  appoijuod  by  Liivoln,  March 
J'f,  iJ^Oii.     H(   i;^  Uic  .S(ru  of  ii  ntiuistt,'''  and  biotlicr  n! 
nivitl  Undlcy,  (;\Ti3s  W.,  HtMirv  M.,  nnd Mi's.  J(»s{a)! 
Ilrcuer,  huijImt  of  David  .1.  lir.-wcr.     lie  wuk  taken 
In  his  >is;.-r   \{i(>h  nirtr-eji  (o  Sinrfna,  u liere  Ik-  ar 
tjiiii'cd  modern  MiT't  i,,  the  l-'rcisih  and  titf  lUiiidii  Ian 
i;!ia»(th,  He  iLzradnated  from  \VtlHa?aK  al  hrenty,  \\v\\\ 
lii,yli"Ht  hou<»rs,  studit'd  law  aud  <')vi\''  <!  a  p:U'*iier''<l(i[) 
Willi  I»avid  Dudii-y.biH  brotlier.    Travelvd  io  ICuinpo 
in  1SJ|,'^-0,  and  in.  llu:  laller  yeit-  v,<  id.  to  ('aliroru. 
atJ-ivifti!;  wilti  iji^id;  l>e(NHU('  on.-  of  tla\  fofemast  1r 
yei's  in  iliat  Siutr,  jnul  wa?^  tdt-rfed  to  its  (;< ii pre •  , 
Vieinii  la  i^.~)7,  and  laid  tin-  mmJ*;,,,,  n«-arly  k'x  y<^a 
three  and    '   "   ^ ""  ■■-   <  t.'.  »  ij^  was  iua> 

fdij>.  i>y  W.ii.     I  •■     ;;      •'"u  uiau    .;:    i  >S0  received    • 
(oii\fa  ti"n  si\tysi\  vuicK  for  fUo  f'le.-^Ideiuy 

A     i,i  Federal  jnd;:*'  3e*  has    kept    in   view 
pi'iiH  iplen:  pre^i^rViUion  of  (he  X  dional  govcnn)?" 
and  that  of  ihe  s^talij^  iv''')\\  <  very  inUHforence  w 
each  other,  and  the  prt>teetioii  of  pi  hate  rtgUtw  fr«' 


:l\. 


Muvcli 
lici      : 

Josiah 

f;ikrii 

111'  .ii 

hi  Inu 

r,  u'tlii 

n-i,  . 


liM   ' 


st»;i>mi-:n  johnson  i  umd, 

Ass: 'late' d'..  ■;  •-     ;    ■;•     V:  ,••:.;    J^  ;:c..  oupr^rre  Court. 

1' riiin  ;i  rii<-tM|.ri;i|>li  )i\   Kalit-r.  S;mi  I'ltdii'lscn,  Citl. 


Mu 

C)a 

aW 

an< 

clo( 

as 

sio 

aiK 

lull 

va.' 

kn 

ere 

a  1] 

les 

opi 


wli 
wri 

as  i 

Ol'V 

« 

gra 


STEPHEN  JOHNSON  FIELD.  823 

their  oncroachiuont.  Tlis  decisions  (1  Wall  — 154  U. 
S.l  0S4  ill  iiiiiiilxM',  iiu'ludiiijj^  174  dissents,  the  Test 
Oatli,  tlie  Legal  Tender,  and  the  Slaughter  House 
cases  being  most  noliible,  show  him  to  be  one  of  the 
ablest  judges  of  any  bench.  His  characterization  of 
judicial  <luty  is  self-applicable:  "Timidity,  hesitation 
and  cowardice  in  a  judge  deserve  only  contempt.  To 
decide  against  his  conviction  of  the  law  or  judgment 
as  to  the  evidence,  whether  moved  by  prejudice,  pas- 
sion, or  clamor,  is  to  assent  to  a  robbery,  »  *  » 
and  to  hesitate  or  refuse  to  act  when  duty  calls  is 
hardly  less  the  subject  of  just  reproach."  He  has 
vast  legal  learning,  great  capacity  to  acquire  new 
knowledge,  skill  to  appropriate  and  assimilate  it, 
creative  poAver  and  ability  to  apply  old  principles  to 
a  new  state  of  facts,  and  intellectual  and  moral  fear- 
lessness— his  life  having  been  twice  attt^mpted  for 
opinion's  sake. 


The  Fi.'hl-T(Mry   Ei»iso(h\ 

"I  was  present  wIm'ii  the  scene  transpired  for 
which  Judge  Field  imprisoned  T(MTy,  1  hav<'  never 
written  a  description  of  (hat  scene.  I  will  now  do  so 
as  it  rests  in  mv  memorv.  I  write  wholly  from  mem- 
ory,  without  a  document  or  even  a  newspaper  para- 
graph before  me. 


324 


LIFE  SKETCH  OB 


"In  some  proceeding  in  the  State  court  one  of 
tlie  judges  had  afliruied  tlie  validity  of  the  'marriage 
contract.'  Sluiron  then  commenced  in  the  Federal 
court  an  action  to  enjoin  Sarali  Altliea  from  setting 
up  that  contract  and  to  compel  its  cancellation.  The 
merits  of  this  action  were  decided  in  favor  of  Sharon. 
He  then  died.  Sarah  Althea  married  Terry,  and  a 
motion  was  made  to  revive  the  action  bv  Sharon's 
executors  and  for  linal  decree.  This  motion  had  been 
fiercely  contested,  argued,  and  submitted.  Notice 
was  given,  througli  the  press,  that  on  a  certain  day 
the  motion  would  be  decided. 

"Tlie  court  room  is  unusually  large, — the  bench 
and  its  approach,  elevated  above  tlie  Hour,  occuj)y 
one  side.  In  front  on  the  right  is  the  clerk's,  on  the 
left  the  marshal's  desks.  Beyond  the  passage  in  front 
of  these  desks  are  the  seats  and  tables  of  the  bar,  in 
the  form  of  an  amphitheatre.  Around  ami  on  three 
sides  of  the  bar  are  the  seats  for  the  public. 

"Terry  and  his  wife  o('cu[)ied  seals  within  the 
bar  in  the  second  tier  from  tlie  front,  the  wife  directly 
in  front  of  the  i»resi<ling  justice.  The  audience  was 
not  largf^,  and  there  were  not  more  than  twenty  ])er- 
sons  inside  the  bar. 

"Two  judges — IIolTman  of  the  District,  and  the 
judge  for  the  District  of  Neva<la — entered  with  Judge 
Field.  The  bar  rose  to  receive  the  court,  but  T,  'n-y 
and  his  wife  kept  their  seats.  Judge  Field,  having 
taken  his  seat,  announced  that  the  opinion  and  order 
of  the  court  would  be  read.  ' 


STEPHEN  yol/NSON  FIELD. 


826 


"Tlie  opinion  commenced  with  a  full  and  emin- 
ently fair  statement  of  the  facts,  read  in  his  ordinary 
tone,  without  any  feeling  or  excitement.  As  he  ap- 
proached the  inevitable  result  to  which  the  fads 
tended,  the  woman  in  a  slirill,  i)iercing  voice  ex- 
claimed, 'How  much  of  the  Sharon  money  do  you  get 
for  that  o])inion?'  Almost  without  raising  his  voice 
Judge  Field  said,  'The  marshal  must  preserve  order  I 
Those  who  do  not  preserve  order  must  be  removed  I' 
The  woman  had  been  muttering  something  which  I 
did  not  distinctly  hear;  her  final  words  were,  'I  sup- 
pose the  next  thing  will  be  your  order  that  I  give  up 
the  marriage  contract !'  Judge  Field  then  said,  point- 
ing to  her,  *The  marshal  will  remove  that  person  from 
the  court  room.' 

"Two  marshals  were  quickly  beside  her;  one  took 
the  right,  the  other  her  left  arm.  There  was  a  flash 
of  steel  above  the  heads  of  the  crowd;  and  Terry 
yelled  with  a  vulgar  oath  that  'no  man  should  lay  a 
hand  on  his  wife!' 

"His  arm  had  been  grasped  with  such  force  that 
he  could  not  bring  it  down^  the  knlfe-hllt  was  seized 
in  his  clutch,  the  blade  kept  extended,  until  the  mar- 
shals laid  him  on  tlie  floor,  where  he  continued  to 
struggle  and  blaspheme  until  he  was  disarmed  and 
carried  into  the  adjoining  or  consultation  room, 
w'    re  he  was  ke[)t  until  committed  to  prison. 

"I  do  not  think  the  interruption  exceeded  ten 
minutes.  Judge  Field  resumed  and  completed  the 
reading  of  his  opinion  and  order.    The  marshals  acted 


326 


LIFE   SKETCH  OF 


quickly  and  effectively,  but  I  do  not  recall  that  either 
said  a  word.  One  of  them  Avas  the  man  Avho  killed 
Terry  afterwards  in  the  railroad  station  at  Lathrop. 
The  whole  scene  impressed  me  as  (li};nified,  proper, 
and  discreditable  to  no  one  concerned  except  Terry 
and  his  wife." — L.  E.  ( 'hittenden  in  (Ireen  Hag,  Nov., 
1893. 


WILLI  AM  PIERCE  FKYE. 


3L'7 


WILLIAM  PIERCE  FRYE,  MAINE. 

(1881 .) 

An  eiuinent  advocato.  Born  at  Lowiston,  Maine, 
Sop! ember  2,  ]SP>1.  He  is  the  sou  of  a  nianufaeturer. 
(Jradnated  at  Bowdoin  C<)llej4e  at  nineteen.  Read  law 
with  William  Pitt  Fessenden,  at  Portland,  being  ad- 
mitted at  twenty-two.  After  ])ra(tieinj;-  a  few  years 
in  Rockland,  he  removed  to  Lewiston,  where  he  now 
lives.  He  early  attained  eminence  as  an  advocate. 
At  thirty-six  was  elected  Attorney  General  of  the 
State,  and  was  thrice  re-elected,  and  while  holding 
the  position  some  of  the  most  noted  causes  in  the 
legal  history  of  Maine  were  tried,  lie  seiwed  several 
terms  in  the  Legislature,  and  was  one  of  its  most 
])r()mineut  members  in  18(52.  In  18()()  lie  held  three 
important  offices  at  the  same  time — Representative 
in  the  Legislature,  Mayor  of  Lewiston,  and  Attornej-^ 
General  of  the  State.  Elected  to  Congress,  1872,  to 
which  position  he  was  six  times  re-elected ;  to  the  Sen- 
ate, 1881,  and  has  been  elected  to  succeed  himself 
twice,  his  term  ex])iring  1805. 

Mr.  Frye  has  acquired  high  reputation  as  a  jury 


m 


LIFE  SKETCH  OF 


lawyer,  and  when  in  active  practice  was  devoted  to 
his  profession.  Of  fine  physique,  nia<;nificent  voice, 
h)gical  mind  and  quick  perception,  he  is  not  only 
strong  before  a  jury,  but  is  a  master  cross-examiner 
as  well,  and  is  famous  for  his  quick  grasp  of  the 
facts,  and  the  pronip;  ess  with  wliich  lie  meets  unex- 
pected emergencies.  He  is  a  man  of  indomitable  in- 
dustry', intensely  practical,  an  orator  of  no  mean  sort, 
of  strong  intellectuality,  and  a  close  student  of  Eng- 
lish and  classic  literature.  Is  of  portly  mien,  massive 
brow  and  prominent  nose.  He  has  interested  himself 
during  his  legislative  career  especially  in  the  distri- 
bution of  the  Geneva  Award,  in  commercial  matters, 
and  in  the  fishery  question,  ;ind  largely  aided  in  ad- 
justing the  Samoan  complications  between  the 
United  States  and  Germany.  For  a  quarter  of  a  cen- 
tury he  has  taken  a  foremost  part  in  the  discussion  of 
the  most  important  National  and  international  ques- 
tions, lie  received  the  degree  of  LL.D.  from  Bates 
in  1881,  and  from  Bowdoin  in  1880. 


WILL/ AM  PIERCE  FRYE 


329 


Frye  Nomiiuiting  Bliiino     Tn  the  Chicay;o  Conven- 
tion, 1880. 

"1  once  saw  a  storm  at  sea  in  the  night-time;  an 
ohl  ship  battling  for  its  life  with  the  fnry  of  the  tem- 
I)esl;  (laikness  everywhere;  the  winds  raging  and 
howling;  the  hnge  waves  beating  on  the  sides  of  the 
ship  and  making  her  shiver  from  stcMn  to  stern.  Tiie 
lightning  was  Hashing,  the  thnnders  rolling;  there 
was  danger  everywhere.  I  saw  at  tlie  helm  a  bold, 
e(Mirageons,  immovable,  commanding  man.  In  the 
temjx'st,  calm;  in  the  commotion,  qniet;  in  tiie  dan- 
ger, hopeful.  T  saw  him  take  that  old  shi])  and  bring 
her  into  her  harbor,  into  still  waters,  into  safety. 
That  man  was  a  hero.  [Applause].  I  saAV  the  good 
old  'ship  of  state,'  the  State  of  Maine,  within  the  last 
year,  tighting  her  way  through  the  same  waves, 
against  the  same  dangers.  She  was  freighted  with 
all  that  is  precious  in  the  principh's  of  our  Kepnblic; 
with  the  rights  of  American  citizenship,  with  all  that 
is  gnaranteed  to  the  American  citizen  by  onr  Consti- 
tntion.  The  eyes  of  the  whole  nation  were  on  her, 
and  intense  anxiety  filled  every  American  heart  lest 
the  grand  (dd  ship,  the  State  of  Maine,  might  go  down 
beneath  the  waves  forever,  carrying  her  i)recion8 
freight  with  her.  But  there  was  a  man  at  the  helm, 
calm,  deliberate,  commanding,  sagacions;  he  made 
even  the  foolish  man,  wise;  courageous,  he  inspired 
the  timid  with  courage;  hopeful,  he  gave  heart  to  the 
dismayed,  and  he  brought  that  good  old  ship  safely 
into  harbor,  into  safety;  and  she  floats  to-day  greater, 


330 


LIFE  SKE  TCfl  OF 


l)urer,  stroii<^or  for  her  baplism  of  ilanftor.  That  man, 
too,  was  heroic,  and  his  uuiuo  was  James  (>.  Blaine. 
[Loud  cheers]. 

"Maine  sent  us  to  tliis  ma}]fnificent  convention 
witli  a  memory  of  lier  OAvn  salvation  from  impending? 
peril  fresh  upon  her.  To  you  rei)resentatives  of  fifty 
millions  of  tiie  American  people,  Avho  have  met  here 
to  counsel  how  the  IJepuhlic  can  be  saved,  she  says; 
'Representatives  of  the  people,  take  tlie  man,  the  true, 
man,  the  staunch  man,  for  your  leader,  Avho  has  just 
saved  me,  and  he  will  bring  you  to  safety  and  certain 
victory.' " 


it  mjiii, 
Bill  i  lie. 

volition 
K'udiii";' 
of  fifty 

ct  llt'l'C? 

le  says; 
ho  ti'iio 
uis  just 
certain 


I    > 


ni-.i.vii.i.i;  \vi:5T<)\  1 1 1  i.i;w, 

Zi\iQ\   Ju.itice    J]    ;t|e   Uriiel   S"i'e.i  S'.i'f,ren;.-3   Court, 

Kliiln    :t    rili.lot'l.il  h    l>\    Sii|..|iy,    N.-M     ^..|k 


'    !       *:  • 


I  T  fVOfS 


I  1  -•  1.^ 


iiet'.jMKlU  (    (if  tic 

..'.hi  11 

\f  ■MM'.   !■'*  tsr;-  '■  >    (  * 


I'ij^hi 


.>anii'l  W  I'hsici'  at    I 
i'.'i'iok    Auiz  I'uJicr 

'li«'»l  wi'ii  l;i.s  nni:\ 

n^or,  and  .■"•^-  -  ■.,,!■■ ,.  ;,i  j  . 

..    ::tistii,  ■Ami  a,si-is 

•  MMMi  Hi   i-dMncil  of 

■\U>i,  d      1,1      CI,  : 

'  ^  roe.      He    was   tlifV'    ':•/)   (.^     i 
t(('«^  for  tJiirlv  i'  ' 
'H'.si  nnik,  ii  ri(i  iur.  i  i;,  .'U 
'(M»  anniiailv,    1  Jls  i'V.\ 
tnbdnal,  ■  kI  N.iIi'M 


li(->«i 


'  u  ..nl^ 


tlic 
Mail 
^Ves 
(.f  M 

of  r 

Free 

l;nv3 

stud 

Han 

part 

Aug 

ing 

com 

licir 

thr." 

])rac 

liigli 

000 

tribi 


MELVILLE   WESTON  FULLER. 


331 


MELVILT>E  WESTON  FULLER,  ILLIXOIS. 
(LS33 .) 

Chief  Justice  of  the  Unit»'«l  States  since  1888,  and 
the  ei^Jith  (t»  hohl  that  oltiee.  Horn  at  Augusta, 
Maine,  February  11,  1833.  His  ;;ran(lfatlu'r,  Natlian 
AVeston,  Avas  twenty-one  years  on  the  Sui)renie  Bench 
of  Maine.  His  paternal  <>Tan(lfather  was  a  i  lassmate 
of  Daniel  Webster  at  Hart  mouth;  and  his  father, 
Frederick  Auj>iistus  I'^iller,  was  a  distinguished 
lawyer.  Mr.  Fuller  j;Taduated  at  Bowdoin  in  1853; 
studied  with  his  uncle,  (Jeoi'j^e  Melville  Weston,  at 
Bangor,  and  took  a  course  at  Harvard.  He  formed  a 
partnership  Avith  his  uncle,  Benjamin  G.  Fuller,  at 
Augusta,  and  assisted  in  editing  "The  Age,"  a  lead- 
ing Democratic  paper.  He  acted  as  president  of  the 
common  council  of  Augusta,  and  served  as  its  so- 
licitor. Moved  to  Chicago  in  18r)(;,  Avhen  twenty- 
three.  He  Avas  thei-e  cMigaged  uninterruptedly  in 
])ractic('  for  lliirty-threeyears,  gradually  rising  to  the 
highest  rank,  and  having  for  years  a  business  of  130,- 
000  annually.  His  juactice  Avas  A'aried,  and  in  every 
tribunal,  State  and  National.    He  received  the  degree 


332 


LIFE  SKETCH  OE 


of  LL.D.  from  Xoi'tlnvostorn  Univci'sity  in  1884,  from 
Bowdoin  in  1888,  .and  from  lltii'vard  in  181)1.  lie  was 
appointed  Chief  Justice  of  tlie  United  States  by  Tresi- 
dent  Cleveland,  April  80,  1888,  1o  succeed  (Miief  Jus- 
tice Waite.  The  Chief  Justiceship  was  the  fourth 
oHice  tendered  him  bv  Mr.  Cleveland.  His  first  case 
before  the  United  States  Supreme  Court  was  in  1871, 
Dows  V.  Chicago  (11  Wall.,  108).  His  first  case  argued 
there,  in  person,  was  Traders'  Bank  v.  Campbell  (14 
AN'all.,  87),  Some  of  his  great  cases  while  in 
practice  were:  Tappan  v.  ^Merchants'  National  Bank, 
of  Chicago  (10  Wall.,  400);  Itailway  Companies  v. 
Keokuk  Bridge  Company  (181  U.  S.,  871);  the  Cheney 
heresy  case,  in  which  Mr.  Fuller  spoke  for  three  days; 
and  the  great  "Lake  Front"  case.  His  decisions  (128- 
154  U.  S.),  iiumber  827,  Avith  seventeen  dissents. 

He  is  a  ripe  scholar  in  the  classics,  familiar  with 
three  modern  languages,  diligent  in  research,  fluent 
in  speech,  and  ready  with  the  pen.  Though  physic.;^ 
a  small  man  he  has  a  striking  appearance. 


MELVILLE   WESrON  FULLER,  333 

A  Great  Judge. 

"A  great  jiulge  bends  to  tlie  oar,  seeking  to  ex- 
plore new  lines  of  coast  along  the  well-nigh  illimit- 
able ocean  of  tlie  law."-  Kcniarks  on  death  of  Asso- 
ciate Justice  Miller. 

Ills  Answer  When  a  Boy  to  the  Ai-gunient  Favoring 
Capital   Punishment. 

"Ills  b)gical  faculty  and  aptness  at  disputation 
were  early  displayed.  At  Oldtown,  Maine,  when  he 
was  II  boy,  he  thus  replied  to  Deacon  I\igi»y's  argu- 
ment in  favor  of  capital  [»nnishment :  ^Supposing  we 
take  the  law  which  the  gentleman  has  quoted,  and 
which  in  a  ])hiloso])hie  sense  has  been  abrogated  as 
null  and  void  since  the  birth  of  our  Savior,  and  see 
wiiat  the  logical  deduction  Avould  come  to.  He  quotes 
I  he  Mosaic  Law,  *\\'hoso  sheddeth  man's  blood,  by 
Mian  his  blood  shall  b(»  shed.'  For  exam])le,  one  man 
kills  anothei-;  another  ntan  kiHs  liim?  He  dare  not 
suicide,  for  that  same  law  forbids  it.  Now,  deacon, 
what  are  you  going  to  do  with  that  last  man?'  " — T^p- 
l{iv<'r  News. 


Cheney  Case. 

"Mr.  Fuller  made  a  three  days'  speech  in  .he 
famous  CluMiey  luM-esy  ciise." — ^fatlhew  "White,  Jr., 
ill  .Mnnsey's  Maga/.im?  for  A[»ril,  ISUl. 


334 


LIFE  SKETCH  OF 


WILTJ/  M  FULLERTON,  NEW  YORK. 

(1818 .) 

A  cross-t^Xiiniinoi'  equalled  by  few  and  exeelled 
by  noue.  Bom  in  Orange  county,  New  York,  in  181 S, 
His  boyhood  was  jiassed  upon  his  father's  farm.  ITe 
graduated  at  twenty  from  Union  College  in  the  same 
class  Avitli  John  K.  Porter,  who  afterwards  sat  on  the 
New  York  Court  of  Appeals  Bench  with  him.  Sup- 
ported himself  while  at  college  by  teaching.  Was 
admitted  to  practice  at  twenty-three.  Soon  becanu^ 
District  Attorney  of  his  native  count}',  and  was 
shortly  recognized  as  one  of  the  foremost  men  at  the 
bar.  Removed  to  New  York  city  in  1852,  where  he 
formed  a  pai'tnership  with  Charles  O'Conor,  who  de 
cided  upon  this  course  after  listening  to  Mr,  Fuller 
ton's  able  argument  in  an  important  and  intricate 
case  before  the  State  Supreme  Court.  \\\  1808,  while 
on  a  fishing  excursion,  Governor  Fenton  appointed 
him  a  Justice  of  the  Supreme  Court,  he  thus  becoiii 
ing  ex  olticio  a  member  of  the  Court  of  Appeals,  lb' 
was  elected  to  the  same  position,  served  out  his  term, 
but  declined  a  renomination. 

During  his  over  forty  years'  practice  in  the  city 


WILLIAM  FULLERTOM. 


335 


;eell»'tl 
I  1818. 
n.     n<' 
B  same 
on  the 
,    Sui)- 
,    Was 
becanu' 
i<l    was 
1  at  til*' 
icre  be 
ho  (le- 
Fuller 
iti'ieate 

^,  Avhil'' 
pointed 

beconi 
iH.    II*' 
is  term, 

the  city 


of  New  York,  he  has  been  constantly  associated  with 
or  opposed  to  the  leadinj"'  lawyers  of  the  State,  and  in 
said  to  have  participat«'d  in  more  trials  than  any 
other  New  York  lawyer  of  the  past  or  present.  Some 
of  his  noted  cases  arc:  The  Lawrence  Will  case  (said 
to  have  boon  oiio  of  the  ablest  forensic  efforts  ever 
made  in  the  city),  Milan  v.  Clraham  (in  which  he  re- 
covered .f  74,000  in  damages  for  malicious  prosecution, 
and  is  believed  to  be  the  largest  verdict  in  this  coun- 
try in  su'h  a  cas*'),  (.'ampln^U  v.  Arbnckle,  for  breach 
(»f  promise  (also  the  largest  verdict  ever  gotten  in 
this  country  in  a  similar  action),  and  the  Beecher- 
Tilton  case,  where  lie  i)roved  himself  une(iualled  as 
a  cross-examinei'.  He  has  long  ranked  as  one  of  the 
foiemost  nisi  prius  lawyers  of  the  c*)untry.  llis  at- 
tributes of  success  are,  an  unfailing  memory,  freedom 
frttm  irritability,  securing  the  conhdence  of  witnesses, 
uniCorm  good  humor,  (piickness  *»f  retort,  and  great 
j)ow«'rs  of  i-epartee. 

11  is  Forte  Is  rross-Examination. 

"William  Fulb'rton's  forte  is  cross-examina- 
tion. In  this  art  lie  has  long  stood  unrivaled,  and 
when  a  witness  gets  into  his  hands  he  is  sure  to  be 
emptied  of  all  he  knows  of  the  case."  -A  contem- 
porary of  the  New  York  bar. 


336 


LIFE  SKETCH  OF 


AUGUSTUS  HILL  OAKLAND,  AltKAXSAS. 


•) 


(1832 

One  of  the  brightest  and  most  talented  hiwyers 
of  the  Sonth.  liorn  near  Covington,  Tennessee,  June 
11,  1832.  His  parents  moved  to  the  then  territory  of 
Arkansas  "svhcn  he  was  a  year  old.  llis  father  died 
when  he  was  two,  and  his  mother  married  Thomas 
Hubbard.  At  thirteen  he  attended  St.  Mary's  and  St. 
Joseph's  colleges,  Kentucky;  read  law  with  his  step- 
father; taught  school,  in  which  capacity  he  was  sued 
for  Hogging  a  couple  of  boys,  conducted  his  own  case 
and  Avon  it ;  admitted  to  practice  at  twent^'-one,  fcn'in- 
ing  a  partnership  with  his  father,  who  being  i»ro- 
moted  in  two  j'ears  to  the  bench,  a  huge  practice  de- 
volved upon  young  Oarland.  In  ]S,")(t  lie  left  Wash- 
ington, Arkansas,  for  Little  Kock,  and  formed  a  part- 
nershii)  witli  Ebenezer  Cummins,  one  of  the  State's 
prominent  practitioners,who  died  at  the  end  of  a  year, 
leaving  Mr.  Oarland  again  with  a  largo  business.  He 
represented  Arkansas  in  the  Confederate  congress, 
and  after  the  collapse  returned  to  Little  Kock  to  prac- 
tice—nearly all  his  wordly  possessions  having  been 


AUGUSTUS  HILL  GARLAND. 


337 


iwyors 
?,  Juno 
tory  of 
IT  (lit'd 
'hoinas 
uiul  St. 
is  step- 
as  sued 
\'u  caso 
L',  form- 
II g  pro- 
lice  (le- 
Wash- 
a  part- 
State's 
a  year, 
ss.     He 
)n<;r(>ss, 
to  prac- 
ig  beeu 


destroyed  exeopt  his  law  books.  He  applied  to  the  bar 
of  the  Supreme  Court  to  practice,  havinj^;  obtained  a 
pardon  from  President  Johnson.  A  license  was  re- 
fused, lie  brou<^ht  suit  against  the  Constitutionality 
of  the  "Test  Oath,"  retaininj^  as  counsel  Reverdy 
Johnson  and  Matt.  H.  Carpenter.  His  own  argument 
in  this  case  (ex  parte  Garland,  4  Wall.,  333)  made  him 
famous.  He  was  elected  to  the  United  States  Senate 
in  18G7,  but  was  not  allowed  to  take  his  seat.  Subse- 
quently he  represented  the  State  in  the  United  States 
Senate  for  two  terms.  Was  elected  Governor  of  Ar- 
kansas in  1874.  Made  Attorney  General  of  the 
United  States  by  President  Cleveland  in  IScST,  and 
held  the  otlice  for  fou '  "ears.  Is  also  said  to  have 
been  oll'ered  a  jjosition  upon  the  Supreme  Bench  of 
the  United  States  by  Mr.  Cleveland,  and  to  have  de- 
clined. Refused  a  third  election  to  the  Senate.  He 
enjoys  an  extensive  practice  in  tiie  United  States 
Supreme  Court,  api)earing  in  eighty-nine  cases  in  the 
last  sixteen  reports  (138-154  U.  S.). 

Rules  of  Legal  Success  to  Young  Lawyers. 

"A  young  lawyer  should  continue  his  profes- 
sional studies  with  as  much  care  and  unremitting  at- 


338 


LIFE  SKE  TCH  OF 


tontion  as  wlien  lie  was  a  studont  proper;  making  an<l 
prosorvinji^  iiotos  of  liis  readinj?*' ;  ationdiiifj,  whoii 
possible,  ])i'oeoo(liiif;s  of  an  important  character  in 
tlio  conrts.  ITis  roadinjj  outside  of  tlie  law  should  be 
mainly  in  aid  of  it;  adhering  to  the  law  for  itself,  and 
not  as  an  object  secondary  or  auxiliary  to  something 
else;  and  making  his  client's  cause  his  own,  without 
reservation,  and  rendering  his  first  and  last  duty  to 
him.  Punctuality  to  the  moment  in  all  engagements 
should  be  observed:  it  is  an  essential  to  any  great  suc- 
cess in  the  law.  A  kind  respect  and  regard  should  be 
studiously  cultivated  toward  his  brothers  in  the  pro- 
fession, the  officers  of  the  courts  before  which  h<' 
seeks  to  appear,  as  well  as  the  judges  of  those  courts. 
An  evert  temper  should  be  preserved  in  his  bearing 
before  the  courts,  and  in  no  case  should  he  endeavor 
to  argue  a  question  after  the  court  has  decided  it; 
and  in  all  instances,  short,  close  and  terse  arguments 
should  be  made,  and  this  done,  submit  the  matter  to 
th"  court  without  further  talk." 


7.1  v^s  7Ar/rARiAir  geonge. 


33!) 


mg  anu 
',  wlioii 
cter  in 
ould  bo 
olf,  and 
nothing' 
witliont 
duty  to 
moments 
•oat  suc- 
ionl<l  bo 
tbe  pro- 
hicb  bo 
3  courts. 

bearin,!2; 
'udoavor 

•idod  it; 
^uments 
atter  to 


JAMES    ZAriIAT{TATT    (JEOItrjE,    MISSTSSIPPT. 

— .) 


(1S2()-- 

Unitod  States  Senator  from  Mississippi.  Born 
in  Monroe  coiinty,  (ieor<iia,  October  20,  ls2(l.  Losinjj; 
liis  father  in  infancy,  be  moved  witli  bis  mother  wlien 
eight  to  Xoxubee  county,  Mississipjti,  and  two  years 
hiter  to  Carroll  county,  that  State,  where  he  was  edu- 
cated in  the  comnuui  schools.  B«>came  a  private  un- 
der eTefl'erson  Davis  in  tbe  M<'xican  War,  serving  at 
Monterey.  Ivetnriu'd,  read  law  and  was  admitted  to 
the  Carroll  county  bar.  At  twenty-seven  he  was 
elected  Reporter  of  the  High  Court  of  Ibrors  aiul 
Appeals,  preparing  and  publishing  ten  volumes  of 
rei)orts,  and  afterwards  a  complete  and  accurate  <li- 
gest  of  all  the  decisions  of  that  court  from  18L8  to 
1870.  He  supi)orted  and  signed  the  ordinance  of  se- 
cession passed  by  his  State;  Avas  captain,  colonel, 
and  bi'igadier  general  in  tbe  Confederac}-;  chairman 
of  tbe  ►•'tate  Democratic  Executive  Committee,  1875-0, 
and  wrested  that  commonwealth  from  reconstruc- 
tion baidcrui)tcy;  api)ointed,  1879,  Judge  of  the  Su- 
])reme  Court  of  Mississippi,  which  elected  him   its 


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23  WEST  MAIN  STREET 

WFBSTER.N.Y.  14580 

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840 


LIFE  SKETCH  OF 


Chief  Justit'o;  rosij^ncd  two  years  later,  having  been 
elected  to  the  United  States  Senate,  to  Avhich  body  lie 
has  since  been  tAvi<-e  re-eleeled;  member  of  the  »'on- 
stitntional  convention,  ISOO,  which  formed  the  pres 
ent  eonstitntion  of  Mississippi,  bcinji^  known  as  its 
"father." 

As  a  lawy»'r  an<l  jtractiliontT  he  has  had  few- 
equals  and  no  superior  in  his  State — his  success  hav 
ing  been  phenomenal,  as  his  handsome  fortune  fully 
attests.  As  a  Constitutional  lawyer  and  statesman 
of  the  highest  order,  the  constitution  of  Mississij)jM, 
largely  his  handiwork,  and  Lis  defense  thereof  in  the 
National  Senate,  will  ever  be  an  enduring  monument. 
As  an  international  lawver,  versed  in  all  th«>  intri 
cacies  of  (he  jus  gentinm,  his  great  arguments  in  the 
Senate  have  excited  the  favorable  comment  of  law 
writers  bfdh  in  this  country  and  in  England.  He  is 
«)ne  of  the  best  types  of  the  self-made  men  who  have 
create«l  an<l  been  created  by  this  great  llepublic.  lie 
is  charitable,  a  great  student,  a  life-long  hard  worker, 
and  an  elaborate  and  exhaustive  speaker,  always 
thoroughly  prepared. 


JOHN  BANNISTER  GIBSON. 


841 


JOHN  BANNISTER  CJIBSON,  PENNSYLVANIA. 

(1780-1853.) 

"Stands  with  the  great  majority  as  the  one  man 
tliat,  lilve  Saul,  is  higlier  from  the  shoulders  and  up- 
ward than  any  of  his  fellows."  Born  in  Cumberland 
county,  I'ennsylvania,  November  18,  1780.  Died 
May  3,  1853,  aged  seventy-two.  His  grandfather 
was  six  feet  eight  inches  in  height,  and  his  father 
was  a  military  man  and  very  popular.  'Young  Gib- 
son wai  a  poor  country  boy.  He  entered  Jefferson 
College  when  about  seventeen.  Studkl  law  at  Car- 
lisle, and  was  admitted  at  twenty-three.  Soon  be- 
came President  Judge  of  the  Eleventh  Judicial  Dis- 
trict. In  1810  he  became  an  Associate  Justice  of  the 
Supreme  Court  of  Pennsylvania,  and  in  1827  Chief 
Justice,  which  position  he  held  for  twentj'-six  years. 
He  sat  ui)on  the  ben  'h  with  twenty-six  different  as- 
sociates, and  at  the  time  of  his  death  had  been  longer 
a  judge  than  any  contemporary  in  the  world.  His 
()[)lnions  are  found  in  no  less  than  seventy  volumes, 
fnuu  2  Sergeant  and  Bawle  to  7  Harris.  He  settled 
the  law  of  riots  in  Pei.usylvauia,  in  Donahue  v.  The 


342 


LIFE  Sk'RTCir  OF 


County,  2  Barr.,  230.  Ills  y;irat  decision  is  that  of 
Ingei'soll  V.  Sergoant,  1  Wharton,  33(5,  on  Iho  statute 
Quia  Emptorcs,  and  rout  charge  and  rent  service. 

lie  wjis  u])wards  of  six  feet  higli,  strong,  muscu- 
lar, and  attractive.  A  born  musician,  bis  favorite 
recreation  tlirougli  life,  was  the  violin,  lie  was  a 
connoisseur  in  painting  and  sculpture,  a  master  of 
English,  French,  Italian,  and  classic  literature,  had 
a  sound  knowledge  of  medicine,  which  ho  had  care- 
fully studied  in  youth,  an  adept  at  mechanics,  a  suc- 
cessful dentist,  and  tuned  a  piano  perfectly.  His 
language  was  saturated  with  Shakespeare,  epigram- 
matic, paradoxical,  and  could  never  after  be  para- 
phrased. Said  Jeremiah  S.  Black:  "In  some  points 
of  character  be  had  not  his  equal  on  earth.  Sui'i 
vigor,  clearness,  and  precision  of  thought  were  never 
united  with  the  same  felicity  of  diction."  And  adds 
Matt.  H,  Cai*penter:  "Ills  opinions  thoroughly  un- 
derstood would  make  any  man  a  profound  lawyer." 


People  Like  the  Grave. 

"The  people  are  like  the  grave — what  they  get 
tbey  never  give  up." 


JOHN  BANNISTER  GIBSON.  343 

Negotiable  Note — Luggage  and  Not  Baggage. 

"A  negotiable  bill  or  note  is  a  courier  without 
luggage." — Overton  v.  Tyler,  3  Barr,  346. 

(On  the  margin  of  a  note  accompanj'ing  this 
statemeut  was  written:  "The  printer  will  please 
print  this  luggage,  and  not  baggage,  according  to  a 
barbarous  American  usage.") 

A  Client  is  Not  the  Keeper  of  Ilia  Lawyer's  Con- 
science. 

"It  is  a  popular  but  gross  mistake  to  suppose 
that  a  lawyer  owes  no  fidelity  to  any  one  except  his 
client,  and  that  the  latter  is  the  keeper  of  his  profes- 
sional conscience." — Life  of  B.  II.  Brewster,  p.  48: 
Said  in  Hush  v.  Cavenaugh,  2  Barr,  187. 

"A  God-damn-US." 

A  lawyer  applied  to  him  for  a  mandamus  to  com- 
pel a  Catholic  priest  to  admit  a  woman  to  the  Eui 
charist.  The  Chief  Justice  told  him  to  take  out  a 
God-damn-US. 

Shooting  an  Air-gun  at  Hotel. 

At  the  United  States  Hotel  in  Philadelphia  some 
one  had  an  rir-gun,  and  after  midnight,  when  the 
people  were  in  bed,  he  and  a  certain  judge  used  to 
shoot  at  a  mark,  thirty  feet  range.  One  night  the 
ancient  shooter  of  black  squirrels  (Gibson)  emerged 
from  his  bedroom,  took  the  gun,  and  beat  them  both. 


344 


LIFE  SKETCH  OF 


"Hot  as  Hell,  Etc." 

One  uij-lit  while  on  tlie  circuit,  beinj?  fatigued  at 
the  tavern,  he  ordered  .a  cup  of  black  coffee.  The  dif- 
fident youth  knocked  at  his  door  and  asked  how  he 
liked  his  coffee.  "Hot  as  hell,  and  strong  as  the  wrath 
of  God,"  replied  the  Chief  Justice. 

The  Spoons  and  the  Mule. 

He  used  to  get  on  a  "spree"  occasionally.  One 
evening  at  his  hotel,  when  "not  in  a  condition  to  hold 
court,"  some  one  slipped  a  set  of  spoons  into  his 
pocket.  When  the  Judge  came  to  himself,  he  could 
not  understand  how  he  came  by  them.  His  friends, 
to  get  a  joke  on  him,  as  he  was  the  embodiment  of 
lionor,  gave  him  to  understand  that  he  had  slyly 
slipped  them  into  his  own  pocket,  and  when  doing  so 
wa"?  seen  by  the  landlord  and  one  of  themselves.  The 
Judge  was  much  chagrined,  and  insisted  that  his 
friend,  who  saw  him  take  them — the  perpetrator  of 
the  joke,  by  the  way — should  convey  them  to  the  pro- 
prietor of  the  hotel,  with  explanations  and  apologies. 
But  Gibson  was  kept  ignorant  of  the  joke  for  weeks. 
A  few  days  after  this  episode,  a  prisoner  was  before 
him,  charged  with  stealing  a  mule.  The  evidence 
was  conclusive,  that  the  culprit  was  found  und»?r  a 
tree  with  the  mule's  halter  in  his  hand.  The  Judge 
Avas  about  to  pass  sentence,  but  before  doing  so,  asked 
the  culprit  if  he  had  anything  to  say,  the  jurj^  having 
found  him  guilty,  why  the  sentence  of  the  law  should 
not  be  pronounced  upon  him.    The  prisoner  rose  ancl 


JOHN  BANNISTER  GIBSON. 


346 


said  that  he  came  out  of  a  drunk  and  found  that  mule 
tied  to  him;  tliat  be  had  no  idea  how  it  happened; 
that  he  knew  diMinkenness  was  no  excuse,  etc.,  but 
that  he  never  had  any  guilty  intent.  The  Chief  Jus- 
tice thought  a  moment  and  burst  out  Avith:  "The 
court  sympathizes  with  the  prisoner  at  the  bar.  Let 
him  be  discharged.  I  think  if  those  spoons  the  other 
day  had  been  a  mule,  this  court  would  have  been  in 
the  same  predicament." 


Took  in,  All  Details  of  Otise. 

"Ills  mental  vision  took  in  the  whole  outline,  and 
all  the  details  of  the  case,  and  with  a  bold  and  steady 
hand  he  painted  what  he  saw." — J.  S.  Black. 


J.  S.  Black's  Tribute  to. 

"Brougham  has  sketched  Lord  Stowell  justly 
enough  as  the  greatest  judicial  writer  that  England 
could  boast  of,  for  force  and  beauty  of  style.  He  se- 
lects a  sentence,  and  calls  on  the  reader  to  admire 
tbi^  remarkable  elegance  of  its  structure.  I  believe 
diat  Judge  Gibson  never  wrofc  an  opinion  in  his  life 
from  which  a  passage  might  not  be  taken  stronger,  as 
well  as  more  graceful  in  its  turn  of  expression,  than 
this  which  is  selected  with  so  much  care  by  a  most 
zealous  friend  from  all  of  Lord  Stowell's." — J,  S. 
Black,  ^ 


346 


LIFE  SKETCH  OF 


His  Language  and  Logic. 

"ITis  words  were  ahvays  adapted  to  the  subject, 
lie  said  neither  more  nor  less  tlian  just  the  thing  he 
ought.  lie  had  one  faculty,  of  a  great  poet,  that  of 
expressing  a  thought  in  language  which  could  never 
after  be  paraphrased.  When  a  legal  principle  passed 
through  his  hands  he  sent  it  forth  clothed  in  a  dress 
which  fitted  it  so  exactly  that  nobody  ever  presumed 
to  give  it  any  other.  Almost  universally  the  syllabus 
of  his  opinion  is  a  sentence  from  itself;  and  the  most 
heedless  student,  in  looking  over  Wharton's  Digest, 
can  select  the  cases  in  which  Gibson  delivered  the 
judgment,  as  readily  as  he  could  pick  out  gold  coins 


J  ira  among  coppers. 


The  movements  of 


his  mind  were  as  strong  as  they  were  graceful.  His 
periods  not  only  pleased  the  ear,  but  sank  into  the 
mind.  He  never  wearied  the  reader,  but  he  always 
exhausted  the  subject.  An  opinion  of  his  was  an  un- 
broken chain  of  logic,  from  beginning  to  end.  His 
argumentation  was  always  characterised  by  great 
power,  and  sometimes  it  rose  into  irresistible  energy, 
dashing  opposition  to  pieces  with  force  like  that  of  a 
battering  ram." — Extract  from  Jeremiah  S.  Black's 
Eulogy. 


U'lLIJAM  C    GOUDY. 


347 


WILIJAM  ('.   (;OUl)V,  ILLINOIS. 

(1821-1 S03.) 

One  of  tlio  .'iblcst  hnvyoi's  at  (he  (Chicago  bar, 
wliere  he  praeticod  with  ability  from  1859  till  his 
death,  a  period  of  thirty-four  years.  Born  in  Indiana, 
May  15,  1824;  died  in  Chicago,  April  27,  1893,  aged 
sixty-eight.  Wa.s  of  Sootch-Irish  and  English  stock. 
Graduated  from  Illinois  College  at  twenty-one; 
taught  two  years;  was  admitted  at  twenty-three, 
and  settled  at  Lewiston,  Illinois;  State's  Attorney 
from  1852  to  1855;  State  Senator,  1857-61;  removed 
to  Chicago  in  1859;  was  General  Counsel  for  the 
Chicago  and  Northwestern  Railway  company  from 
188G  till  his  death,  which  position  was  tendered  him 
because  Tictorious  for  the  Milwaukee  and  Evanston 
in  entering  the  city.  Since  1855  he  appears  as  coun- 
sel in  each  of  the  first  one  hundred  and  fifty  Illinois 
Reports.  His  most  celebrated  cases  were:  The  Munn 
case;  the  Bowman  case,  regarding  the  importation 
of  liquors  into  Iowa;  Kingsbury  v.  Buckner,  involv- 
ing the  ownership  of  the  Ashland  block  in  Chicago, 
his  fee  being  $75,000;   the  Wabash   Railway  com- 


848 


LIFE  SKETCH  OF 


pany  v.  the  Stale  of  Illinois,  leading  to  the  passage 
of  the  Inter-State  Coninieree  Act;  Sta(e  v.  Tnrner,  a 
13,000,000  forgery  case;  State  v.  Story,  of  tlie  Times, 
for  contempt  (in  which  being  beaten,  he  worked  till 
dark,  got  his  bill  of  excei)tions  ready,  took  the  train 
for  Wankegan,  forty-five  miles  away,  fonnd  Jndge 
McAllister,  of  the  Supreme  Court,  in  his  barn,  and  by 
lantern-light  obtained  a  supersedeas,  returned  and 
released  his  client  that  night);  State  v.  Stoiy  for 
libel;  the  Story  will  contest,  involving  |1,000,000,  in 
which  his  fee  was  |35,000;  the  Winston  railroad 
case^  there  being  13,000,000  at  stake;  State  of  Min- 
nesota V.  The  Northwestern  Railway  company;  the 
Stock  Yards  litigation ;  the  Board  of  Trade  triumph ; 
and  Whitehouse  v.  Cheney,  a  remarkable  ecclesias- 
tical controvei^sy. 

"He  approached  as  closely  the  foremost  ijlace  in 
the  bar  of  Illinois  as  it  is  possible  for  any  man  to  at- 
tain," says  John  N.  JcAvett.  "No  lawyer,"  adds  Levy 
Mayer,  "at  the  Chicago  bar  excelled  him  in  power  of 
cold  analysis,  close  logic,  clear  and  cogent  methods 
of  arranging  facts,  and  putting  into  few  words  the 
most  involved  and  intricate  legal  problem." 


iStago 


ler,  a 


lines, 
1  till 
train 
udRG 
1(1  by 
L  and 
y  for 
OO,  in 
Iroacl 
Min- 
;  the 
imph; 
esias- 

ace  in 
to  at- 
!  Levy 
iVei"  of 
?tbo(ls 
Is  the 


HOKACU    URAY. 

A.50Ciate   Ju.'-e   cf   'to   Ui-'oi   s-i'o^  Suprerr-e  Court, 


IM..I11   :k   l'lii.|..t.'l.l|.|i    !■>    S' v 


N.  «    V..rk. 


1 


I!'  'l'A(   ! 


'■'IITI    -ilirc    ISKI        15, 


1   .\f:iss;n}ii 


;     ■-.-vM  I,  u--<  '  '  1  cuit;   ' 

h>'l\'>'t[    Sf'Vi'llK  ^'11 

Mi<  '  '    (lint;     ■ 

lit'   h::.  ■'  Mi-IiVi  '  I'l}    i;l.:  ii  \     . "   •  .'I'O^:  ii.  ■     :ii.\    l-rirTi.  ■'    iM,;; 


(bo  fiinn.t'js  jiir  it>  *tf 
aecession  tw  ilu-  t>tii 

i>l'  the  EiiiilLsli  \n\\  .  liie  hi|j:t. 


1  •<  '  iin  i  1 1  "    1 ' 


HORACE    ORAV 


l'!; 


i)iot>i?>'>i'ii  i'>  "^''''''y.  ^•"  V'»iK, 


HORACE  GRAY. 


849 


HORACE  GRAY,  MASSACHUSETTS. 

(1828 ) 

Associate;  Jnstico  of  the  United  States  Supreme 
Court  since  1881.  Born  in  Boston,  March  24,  1828; 
graduated  at  Harvard  in  classics  at  seventeen,  and 
in  huv  at  the  Harvard  hiw  school,  after  traveling  in 
Europe;  read  with  Judge  Lowell,  and  was  admitted 
in  1851.  He  was  appointed  Supreme  Court  Reporter 
of  Massachusetts  in  1854,  and  held  that  position  for 
seven  years,  publishing  sixteen  volumes.  Was  ap- 
pointed by  Governor  Andrew  in  1804,  a  member  of  the 
Massachusetts  Supreme  Court,  in  which  capacity  he 
served  seventeen  years,  eight  a,s  Chief  Justice.  He 
was  made  Associate  Justice  of  the  United  States  Su- 
preme Court,  December  20, 1881,  by  President  Arthur, 
succeeding  Mr.  Justice  ClitTord.  As  a  State  judge 
he  has  delivered  nuiny  interesting  and  learned  opin- 
ions on  a  great  variety  of  subjects,  becoming  one  of 
the  famous  jurists  of  that  e^er  able  tribunal.  His 
accession  to  the  Supreme  Court  of  the  Nation  was  ap- 
plauded and  commended,  resembling  the  promotion 
of  the  English  lawyer  to  the  highest  judicial  posi- 


850 


LIFE  SKETCH  OF 


tion.  As  a  Federal  jiulj^e  his  views*  have  been  mainly 
in  support  of  extraordinary  national  power:  for  ex- 
ample, the  famous  case  of  Juillard  v.  Greenman  (110 
U.  S.  421),  establishing  that  the  United  States  Treas- 
ury notes  are  a  legal  tender  in  time  of  peace.  His  de- 
cisions (104-154  U.  S.)  342  in  number,  including  but 
twenty-seven  dissents,  are  expressed  in  dignified, 
firm  and  expressive  language,  and  are  well  sustained 
by  authority.  Among  his  vigorous  ojiinions  are  the 
dissents  in  tlie  Arlington  case  (U.  S.  v.  Lee,  106  U.  S,, 
196),  the  Original  Package  case  (Leisy  v.  Ilardiu,  1.35 
U.  S.,  100),  and  the  United  States  v.  Kodgers  (150  U. 
S.,  249) — that  the  Great  Lakes  are  not  *'high  seas," 
and  his  majority  opinion  in  the  "Chinese  Exclusion 
Cases"  (150  U.  S.  698),  in  the  latter  of  which  Judges 
Brewer,  Field  and  Fuller  dissent.  As  a  judge,  he  's 
strict,  punctilious  and  dignified.  Is  an  omniverous 
reader,  has  great  ability,  various  knowledge,  and 
large  experience.  Is  six  feet  five  in  height,  straight, 
of  commanding  figure  and  looks  every  inch  an  Eng- 
lish jurist. 

Not  the  Law  of  Massachusetts. 

A  venerable  lawyer,  the  Nestor  of  \  he  Roslon  bar, 
addressing  the  court,  announced  a  legal  proposition, 


HORACE  GRAY. 


851 


and  received  from  Judge  Gray,  then  on  the  Supreme 
Bench  of  Massachusetts,  the  curt  reply:  "That  is 
not  the  law  of  Massachusetts,  sir."  Tlie  rejoinder, 
as  promptly  made,  was,  "It  was  the  law  of  Massachu- 
setts until  your  Ilonor  spoke." 

Treasury  Notes  Made  a  Legal  Tender  by  His  Decision. 

Mr.  Justice  Gray  delivered  the  opinion  of  the 
United  States  Supreme  Court  in  Juillard  v.  Green- 
man,  110  U.  S.,  421,  that  "Congress  has  the  Constitu- 
tional power  to  make  the  treasury  notes  of  the  United 
States  a  legal  tender  in  payment  of  private. debts  in 
time  of  peace  as  well  as  time  of  war;  and  that  the 
impressing  upon  the  treasury  notes  of  the  United 
States  the  quality  of  being  a  legal  tender  in  payment 
of  private  debts  is  an  appropriate  means,  and  con- 
ducive, and  plainly  adapted  to  the  execution  of  the 
undoubted  powers  of  Congress,  consistent  with  tlie 
letter  and  spirit  of  the  Constitution ;  and,  therefore, 
within  the  L<eaning  of  that  instrument,  'necessary 
and  proper  lor  carrying  into  execution  the  powers 
vested  by  this  Constitution  in  the  Government  of  the 
United  States.' " 

"A  decision,"  says  ex-Secretary  of  t^ie  Treasury 
Hugh  McCullochj  "which  relieves  Congress  from  what 
have  heretofore  been  considered  well  defined  restric- 
tions, and  clotlies  a  republican  government  with  im- 
perial power." — Men  and  Measures  of  Half  a  Century, 
p.  179. 


362 


LIFE  SKETCH  OF 


WALTER  tiUi:NTON   GKESIIAM,  INDIANA. 

(1832 ) 

The  preseut  Secretary  of  State,  and  the  thirty- 
first  to  hold  that  position.  J?orn  on  a  farm  near 
Lanesville,  Indiana,  March  17, 1832,  of  paternal  Eng- 
lish and  maternal  Scotch-Irish  ancestry.  Dep-ived 
of  his  father,  who  as  sheriff,  lost  his  life  in  attempting 
to  arrest  a  desperado,  when  the  boy  was  but  a  yeai' 
old,  the  youth's  early  opportunities  were  meager. 
With  but  a  country  school  education,  and  one  year  in 
the  State  University  at  Bloomington,  he  entered 
Judge  Porter's  oflice  in  Corydon  to  study  law,  and 
was  admitted  at  twenty-one.  lie  soon  became  judge 
of  one  of  the  State  Circuit  Courts,  and  soon  after  a 
Kepresentative  in  the  Legislature,  which  position  he 
resigned  in  18G1  to  become  Lieutenant  Colonel  of  an 
Indiana  infantry,  lie  was  promoted  to  a  Brigadier- 
Geaeralship,  and  wounded  at  Legget's  Hill,  which 
would  have  cost  him  a  leg  had  he  not  resisted  the  sur- 
geons proposal.  This  disabled  him  for  a  year,  pre- 
vented further  service,  and  crippled  him  for  life.  In 
1865  he  formed  a  partnership  at  New  Albany  with 


WALTER  QUINTON  GRESHAM. 


353 


John  H.  Butler  and  his  son,  Noble  C.  Butler.  In 
1869,  he  was  appointed  by  President  Grant  United 
States  District  Judge;  in  1882  called  by  President 
Arthur  to  the  Postmaster  Generalship;  and  in  1884 
to  the  Treasuryship  of  Mr.  Arthur,  and  in  the  fall  of 
the  same  year  made  Judge  of  the  Seventh  United 
States  Judicial  Circuit,  which  position  he  held  till 
called  by  President  Cleveland,  1893,  to  the  State  De- 
partment. In  1892  he  was  tendered  the  nomination 
for  President  by  the  Populist  party,  but  declined. 
Many  famous  cases  came  before  him  while  nearly  ten 
years  on  the  United  Stiites  Circuit,  notably.  United 
States  V.  Joseph  Mackin,  for  violating  the  election 
laws,  and  the  "Wabash  Case,"  involving  $130,000,000. 
ile  is  a  fine  lawyer  and  a  great  chancellor.  Points 
in  controversy  were  stripped  of  all  verbiage,  and  the 
most  abstruse  questions  reduced  to  common  sense 
principles.  Intellectual  superiority  on  one  or  the 
other  side  counted  for  naught,  but  right  was  dis- 
cerned and  made  to  prevail. 


854 


LIFE    SKETCH  OF 


SIR  MATTHEW  HALE,  ENGLAND. 
(1G09-1G7G.) 

Son  of  a  retired  barrister.  Born  at  Alderly,  Eng- 
land, November  1, 1G09,  died  December  25, 167G,  aged 
sixty-seven.  Losing  his  parents  at  five,  he  entered 
Magdalene  Ilall,  Oxford,  at  sixteen,  whence  he  grad- 
uated with  honor,  though,  in  turn,  a  lover  of  the  fast 
set  and  a  serious  student  of  Calvin  and  Aristotle,  a 
dandy  and  a  sloven,  a  play-goer  and  an  exhorter. 
trained  for  the  church,  he  abandoned  her  service  for 
that  of  arms,  and  this  in  turn  for  the  law.  lie  won 
his  way  by  industry,  logic  and  judgment,  rather  than 
a  ready  tongue.  Was  unfit  for  jurj-  trials.  No  man 
of  his  time  had  a  more  complete  mastery  of  the  com- 
mon law.  Of  the  widest  culture,  he  became  proficient 
in  abstract  philosophy,  pure  mathematics  and  natural 
science.  lie  aimed  to  be  politically  neutral.  In  his 
practice,  though  keen  and  strong,  he  became  the  sim- 
ple mouth-piece  of  his  client,  remaining  himself  with- 
out conviction — being  a  scholar  and  Ifgal  artist, 
merely.  lie  offered  to  plead  the  cause  of  the  King,  if 
subi  litted  to  a  court,  signed  the    Solemn    League 


SIR  MATTHEW  HALE.  355 

and  Covenant,  and  took  engagement  to  be  faithful 
to  the  Coninioinvealth  without  King  or  Lords.  Made 
a  Judge  of  Common  IMc^as  by  Cromwell ;  Chief  Baron 
of  the  Exchequer  by  favor  of  tiij'  Merry  Monarch,  and 
Lord  Chief  Justice. 

He  judicially  murdered  two  women  tried  for  witch- 
craft, lacking  the  courage  of  his  successor.  Lord  Holt, 
who  by  one  bi-ave,  earnest  word,  emied  witchcraft 
prosecution  in  England.  As  a  legid  scholar,  he  was 
without  superior  during  his  time,  and,  by  reputation, 
one  of  the  greatest  of  any  time.  As  a  reformer  of 
methods  and  procedure,  the  common  law  lawyer  is 
greatly  indebted  to  him.  Slow  and  deliberate,  yet 
a  model  of  good  temper  and  patience.  No  better  lis- 
tener ever  gave  ear  to  counsel.  In  ordinary  matters, 
justice  was  rarely  better,  or  so  well  administered;  yet 
he  was  egotistic  and  profoundly  humble,  so  much  so 
that  he  sometim(>s  appeared  a  demagogue.  But 
English  life  under  the  Stuarts  and  tho  Common- 
wealth, ranging  from  the  gayety  and  frivolity  of  the 
cavalier  to  the  s«demnity  of  the  Puritan,  leaves  him 
not  without  some  excuse. 


8B6 


LIFE  SKETCH  OF 


General  Knowledge  Necessary. 

"No  man  can  be  absolutely  a  master  in  any  pro- 
fession, without  having  some  skill  in  other  sciences.'' 
— Life,  by  Bishop  Burnett,  p.  21. 

On  Oratory. 

"If  the  jiulge  or  jury  has  a  right  understanding, 
oratory  signifies  nothing  but  a  waste  of  time,  and  lots 
of  words;  and  if  tliey  are  weak  and  easily  wrouglit 
on,  it  is  a  more  decent  way  of  corrupting  them,  by 
bribing  tlieir  fancies,  and  biasing  their  affections," 
— Idem,  p.  88. 

Doubts, 

It  was  a  nuixim  with  Sir  ^latthew  Hale  that 
doubts  should  always  be  placed  in  the  scale  of  mer(y. 

The  Bible. 

"There  is  no  book  like  the  Bible  for  excelletit 
learning,  Avisdom  and  use." 

Be  Slow  in  Choosing  Company. 

"There  is  a  certain  magic  or  charm  in  company, 
for  it  will  assimilate  and  make  you  like  to  them,  by 
much  conversation  witli  them.  If  they  be  good  com- 
pany, it  is  a  great  means  to  make  you  good,  or  coii- 
firm  you  in  goodness;^  but  if  they  be  bad,  it  is  twenty 
to  one  that  they  will  infect  and  corrupt  you.  Tliere- 
fore  be  wary  and  shy  in  choosing  and  entertaining, 
or  frequenting  any  company  or  companions;    be  not 


SIR  MATTHEW  HALE. 


357 


too  hasty  in  committing  yourself  to  tliem;  stand  off 
awhile  till  you  have  inquired  of  some  (that  you  know 
by  experience  to  he  faithful)  what  they  are;  observe 
what  company  they  keep;  be  not  too  easy  to  gain 
acquaintance,  but  stand  off,  and  keep  a  distance  yet 
awhile,  till  yon  have  observed  aud  learnt  touching 
them.  Men  or  women  that  are  greedy  of  acquaint- 
ance, or  hasty  in  it,  are  often-time  snared  in  ill  com- 
l)a.ny  before  they  are  aware,  and  entangled  so  that 
they  cannot  easily  loose  from  it  after,  when  they 
would." 

Conversation. 

•  "Let  your  words  be  few,  especially  when  your 
sujteriors,  or  strangers  are  present,  lest  you  betray 
your  own  weakness  and  rob  yourself  of  the  oppor- 
tunity, which  you  might  othenvise  have  had,  to  gain 
knowledge,  wisdom  and  experieiice  hearing  those 
whom  you  silence  by  your  impertinent  talking.  "*  * 
*  Be  careful  not  to  interrupt  another  Avhen  he  is 
speaking;  hear  him  out,  and  you  will  understand 
him  the  better,  and  be  able  to  give  him  the  better 
answer." 


Opinion. 

"Opinion  is,  when  the  assent  of  the  understand- 
ing is  so  far  gained  by  evidence  of  probability  that  it 
rather  inclines  to  one  persuasion  than  to  another,  yet 
not  altogether  without  a  mixture  of  uncertainty  or 
doubting." 


858 


LIFE  SKE  TCIJ  OF 

Diinitioii. 


"All  the  notion  we  have  of  (liirntion  is  pju'tly  by 
the  successiveness  of  its  own  operations,  and  partly 
by  those  external  measures  tha(  it  finils  in  motion." 

Knowle<lj>e. 

"Anion^  the  objects  of  knowle«l<;<'  (wo  especially 
commend  themselves  to  our  contemplation;  the 
knowledge  of  fJod,  and  the  knowledge  of  ourselves." 
— Origin  of  Mankind, 

Providence, 

"There  is  the  same  necessity  for  the  Divine  in- 
fluence to  keep  together  the  universe  in  that  consist- 
ence it  hath  received  as  it  was  first  to  give  it." 

Studies. 

"The  intellectual  husbandry  is  a  goodly  field,  and 
it  is  the  worst  husbandry  in  the  world  to  sow  with 
trifles." 

Law. 

"Laws  were  not  made  for  their  own  sakes,  but 
for  the  sake  of  those  who  were  to  be  guided  by  them ; 
and  though  it  is  true  that  they  are  and  ought  to  be 
sacred,  j'et  if  they  be  or  are  become  unuseful  for  their 
end,  they  must  either  be  amended,  if  it  may  be,  or 
new  laws  be  substituted,  and  the  old  repealed,  so  it 
be  done  regularly,  deliberately,  and  so  far  forth  only 
as  the  exigence  or  convenience  justly  demands  it; 


S/A'  MATTHEW  HALE. 


880 


and  in  this  respect  the  saying  is  true  salus  popiili  sn- 
proma  lex  esto.  He  that  tliinks  a  State  can  be  ex- 
actly  steered  by  the  same  laws  in  every  kind  as  it  was 
two  or  three  hnndred  years  ago,  may  as  well  imagine 
that  the  clothes  that  fitted  him  when  a  child  should 
serve  him  when  lie  was  grown  a  man.  Tlie  matter 
changeth,  tlie  custom,  the  contracts,  the  commerce, 
the  dispositions,  educations,  and  tempers  of  man  and 
societies,  change  in  a  long  tract  of  time,  and  so  must 
their  laws  in  some  measure  be  changed,  or  they  will 
not  be  useful  for  tlieir  state  and  condition;  and,  be- 
sides all  this,  time  is  the  wisest  thing  under  ITeaven. 
These  very  laws  which  at  first  seemed  the  wisest  con- 
stitution under  Heaven,  have  some  flaws  and  defects 
discovered  in  them  by  time.  Manufactures,  mercan- 
tile arts,  arcliitecture,  and  building,  and  philosophy 
itself,  secure  new  advantages  and  discoveries  by  time 
and  experience,  so  much  more  do  laws  which  concern 
the  manners  and  customs  of  men." — Hargrave's  Law 
Tracts. 


3G0 


LIF£  SKETCH  Ofi 


JOHN  SMYTHE  HALL,  QUEBEC. 
(1853 ) 

The  Honorable  John  Smythe  ITall  is  an  Honor- 
able Queen's  Counsel,  a  member  of  the  Provincial 
Parliament,  and  senior  member  of  the  leading  Mon- 
treal law  firm  of  Hall,  Cross,  Brown  and  Sharp.     He 
was  born  in  Montreal,  Quebec,  August  7, 1853,  and  is 
therefore  but  forty-one  years  of  age,  and  it  might  be 
mentioned,  is  also  the  youngest  man  in  the  group  of 
engravings  of  one  hundred  and  forty-four  "Eminent 
American,   English  and  Canadian  Lawj'ers."      He 
is    the   son    of   John    S.   Hall,    a   member    of   the 
late  firm  of  Grant,  Hall  and  Company,  at  one  time  ex- 
tensively engaged  in  the  lumber  and  sawmill  busi- 
ness.   John  Smythe  Hall,  Jr.,  was  educated  at  Bish- 
op's College  School  in  Lennoxville,  and  at  McGill  Uni- 
versity, where  he  graduated  Bachelor  of  Arts  in  1874, 
and  Baclielor  of  Civil  Law  in  1875.    He  was  married 
January  3,  in  the  year  1883,  to  Miss  Brigham,  of  Ot- 
tawa, Ontari  J.     He  was  called  to  the  bar  in  the  Prov- 
ince of  Quebec  in  January,  1876,  and  was  appointed 
Queen's  Counsel  in  1887.    He  was  President  of  the 


^OHN  SMYTHE  HALL.  361 

University  Literary  Society  in  1880,  and  of  tlie  McOill 
(Jra«luate  Society  in  1884.  ITo  was  elected  a  mem- 
ber of  tlie  cor])<)ration  of  McOill  University  in  188" 
and  re-elected  to  the  same  position  in  188fi.  He 
has  been  president  of  the  Junior  Conservative  Clnb  of 
Montreal.  lie  was  first  returned  to  the  Legislative 
Assembly  for  Montreal,  AVest,  at  the  general  elec- 
tions in  188G;  was  re-elected  by  acdammntion  in 
1891,  and  again  re-elected  in  1892.  lie  was  appointed 
Provincial  Treasurer  under  the  De  Boucherville  gov- 
ernment in  December,  1892,  which  position  he  still 
occupies  under  the  Taillon  government.  lie  is  a  Con- 
servative in  politics,  and  resides  in  Montreal.  lie 
ranks  as  one  of  the  most  distinguished  lawyers  of  the 
Province  of  Quebec,  and  is  a  ready  impromptu  speaker 
and  in  great  demand  on  after-dinner  occasions. 


362 


LIFE  SKETCH  OF 


SIR  JAMES  HANNEN,  ENGLAND. 

(1821-1894.) 

One  of  the  most  learned  and  able  of  England's 
judges.  lie  was  born  at  Kiugswood,  England,  in 
1821,  died  in  London,  Xlarcli  28,  1891,  aged  seventy- 
three.  He  was  the  eldest  son  of  James  ITannen,  a 
merchant.  Was  educated  at  St.  Paul's  School  and 
the  University  of  Ueidelberg,  and  became  a  student 
at  the  Middle  Temple,  and  was  called  to  the  bar  in 
1848.  lie  was  appointed  in  1853  agent  for  Great 
Britain  in  the  Mixed  Commission  constituted  to  set- 
tle the  Canadian  fisheries  disputes  between  England 
and  America.  ITe  was  made  a  Puisne  Judge  of  the 
Queen's  Bench  in  18G8,  succeeding  Mr.  Justice  Shee, 
and  a  Judge  Ordinary  of  the  Court  of  Probate,  in  suc- 
cession to  Lord  Penzance,  in  1872,  and  in  1875  Presi- 
dent of  the  Probate,  Divorce  and  Admiralty  Division 
of  the  ITigh  Court  of  Justice,  and  in  1891  Lord  of  Ap^ 
peal  in  Ordinary,  which  position  he  resigned  in  1893. 

While  in  practice  his  main  business  was  heavy 
arbitration,  solid  mercantile  questions  and  very  com- 
plicated and  important  cases.     Was  successful  in  the 


T 


SIR  JASfES  H ANN  EN.  868 

j^i'oat  Slirewnbiirv  case  in  the  rioiise  of  Lords;  was 
(Migagcd  in  the  Matlock  will  case,  and  was  for 
some  time  engaged  for  the  Treasury.  His  leading 
judgments  are  Nihoyet  v.  Niboyet;  the  Frederick 
legitimacy  trial;  Durham  v.  Durham;  Sngden  v. 
St.  Leonards  (sustaining  the  will  of  the  great  ex-Chan- 
cellor by  secondary  evidence);  Gladstoue  v.  Glad- 
stone, and  Crawford  v.  Dilke.  lie  settled  the  law 
of  lunacy — that  "capacity"  like  responsibilit}-,  is  once 
more  a  question  of  fact.  He  was  president  of  the 
I'arnell  Commission,  and  kept  tlie  work  of  the  com- 
n>'*ssion  within  the  statutes,  and  made  Webster,  Rus- 
sell and  James  alike  feel  the  pressure  of  his  guiding 
hand.  lie  will  be  chiefly  remembered  as  one  of  the 
arbitrators  on  behalf  of  England  in  the  recent  Behr- 
ing  Sea  case  at  Paris.  He  possessed  a  clean  char- 
acter— never  even  indulging  in  an  amusing  or  doubt- 
ful anecdote;  and  had  in  a  remarkable  degree  union 
and  harmony  in  the  three  indispensable  judicial  qual- 
ities — patience,  dignity  and  knowledge. 


364 


LIFE  SKETCH  OF 


THE       EAKL       OF       IIARDWICKE       (PHILIP 
YOKKE),    ENGLAND. 

(1G90-17G4.) 

The  main  fnimer  and  fouiulor  of  tho  present  sys- 
tem of  Enjjlish  equity  jurisprudence.  Lord  High 
Chancellor.  Horn  at  Dover,  December  1,  KIDO;  died 
March  G,  17G4,  aged  seven ty-three.  Son  of  a  solicitor 
and  clerk  of  Dover,  whom  Mansfield  terms  "a  peas- 
ant." At'sixteen  was  articled  to  a  Loudon  solicitor, 
through  favor  of  Loitl  Macclesfield,  and  at  eighteen 
entered  the  Middle  Temple;  called  to  bar  at  twenty- 
five.  The  friendship  and  partiality  of  Macclesfield, 
as  Chief  Justice  and  Chancellor,  accounts  for  Yoi-ke's 
rapid  progress.  At  twenty-nine,  member  of  House 
of  Commons;  at  thirty.  Solicitor  General,  and 
knighted,  during  which  office  he  prosecuted  in  the 
Layer's  Conspiracy;  Attorney  General  at  thirty-four. 
In  1725,  Macclesfield  was  impeached  and  convicted 
for  <orrui)tion  in  olTice,  Yorl'  unlike  his  great  prede- 
cessor, Bacon,  refusing  to  prosecute  his  patron. 
In  1733,  the  Chancellorship  and  Chief  Justiceship  fell 
vacant,  Talbott,  the  Solicitor  General,  becoming 
Chancellor,  and  Yorke,  Chief  Justice  and  Baron  Hard- 


THE  EAKL  OF  HARDWICKE. 


365 


wicko,  explicable  only  on  the  theory  that  Yorke  pre- 
ferred emolument  to  office.  In  1737  he  was  made 
Chancellor,  having  stipulated  for  increase  of  salary; 
174^6,  as  Lord  High  Steward,  he  presided  at  the  trials 
of  the  rebel  Lords.  lie  left  behind  him  in  1754,  the 
greatest  reputation  as  an  equity  judge.  The  rules 
which  he  foruuilated  contributed  powerfully  to  the 
just  and  speedy  dispatch  of  business.  The  style  of 
his  judgments,  lucid,  without  antithesis,  has  been 
deservedly  praised.  During  twenty  years  as  Chan- 
cellor only  three  of  his  judgments  were  appealed 
from,  and  they  were  afHirmed  by  the  House  of  Lords. 
His  greatness,  however,  was  principally  confined  to 
the  woolsack,  whore  he  displayed  judicial  originality 
and  creative  ability.  He  made  no  great  figure  in  the 
House  of  Comuions  or  at  the  council  board.  Though 
stainless,  just  and  great,  and  jirouounced  by  Mans- 
field a  wond(M-f'ul  character  who  became  Chief  Justice 
of  lOnglaud,  and  Chancellor,  fr<»m  his  own  abilities 
an<l  virtues,  ho  docs  not  sccni  cither  to  have  been  a 
great  genius  or  a  great  soul. 


366 


LIFE  SKETCH  OF 


Ancient  Languages. 

"Without  a  competent  skill  in  the  ancient  lan- 
guages, you  will  want  the  inexpressible  pleasure  and 
advantage,  that  can  only  be  drawn  from  those  im- 
mortal patterns  of  nervous,  beautiful  writing,  an<l 
virtuous  action,  which  Greece  and  Rome  have  left 
us." — 1  Life  of  Lord  Ilardwicke,  p.  392. 

Traveling. 

"One  fundamental  error,  is  traveling  too  early. 
The  mind  of  a  young  man  wants  to  be  fitted  and  pre- 
pared for  this  kind  of  cultivation;  and  until  it  is 
properly  opened  by  study  and  learning,  he  will  want 
light  to  see  and  observe,  as  well  as  knowledge  to  ap- 
ply the  facts  and  occurrences  met  with  in  foreign 
countries." — Idem,  p.  894. 

Ancestors  and  Posterity. 

"The  merit  of  ancestors  in  a  former  age,  can  never 
atone  for  the  degeneracy  of  (heir  posterity  in  the 
present." — Idem,  j).  390. 

Liberty  of  the  Press. 

"If  the  liberty  of  the  press  consists  in  defama- 
tion, it  were  much  better  we  were  without  such  lib- 
erty. The  words  'the  lib(!rty  of  the  i)ress,'  are  im- 
properly used  to  express  a  riglit,  which  is  peculiar  to 
tlie  press,  i  "  publishing  to  the  world  any  defamatory 
matter  to  the  prejudice  of  superior,  inferior,  or  equal. 
Before  the  discovery  of  printing,  v«'ry  strong  statutes 


THE  EARL  Of  HARDWICKE. 


367 


were  still  in  force,  and  none  of  them  has  since  been 
repealed.  Hence  from  the  expression,  the  liberty  of 
the  press,  it  can  never  be  understood  any  liberty 
which  the  press  acquired,  and  which  was  unknown 
before  the  discovery  of  printing." — Idem,  p.  430-1. 

Innovation. 
"The  wantonness  of  innovation  is  a  dangerous 
disease  of  the  mind;  in  a  private  station  it  prompts 
men  to  be  always  discontented  with  what  they  find, 
and  to  lose  the  enjoyment  of  good  in  search  of  some- 
thing better." — Idem,  p.  400. 

Wisdom. 
"No  man  is  wise,  but  as  you  take  into  considera- 
tion the  weakness  of  another. — A  maxim  more  emi- 
nently true  of  political  wisdom,  which  consists  very 
often  only  in  discovering  designs  which  never  could 
be  known  but  by  the  folly  or  treachery  of  those  to 
whom  they  are  intrusted." — Idem,  p.  503. 

Cromwell. 
"There  is  jio  man  of  whose  penetration  higher 
ideas  have  been  justly  formed,  or  who  gave  more  fre- 
quent proof  of  an  uncommon  penetration  into  futu- 
rity, than  Cromwell." — Idem,  p.  503,  from  a  speech  in 
defense  of  Walpole. 

Henry  Fox's  "Old  Spider  of  the  Law." 
"Henry  Fox,  in  a  hot  attack  on  Lord  Chancellor 
TTardwicke,  who  was  supposed  to  have  no  desire  to 
reform  the  many  abuses  of  his  office,  exclainmed: 


368 


LIFE  SKETCHOF 


'Touch  but  a  cobweb  in  Westminster  Ilall,  and  the 
old  spider  of  the  law  is  out  upon  you,  with  all  his 
vermin  at  his  heels.' " — E.  P.  Whijjple  in  "Literature 
and  Life,"  p.  241. 

Lord  Eldon's  Opinion  Of. 

"Lord  Ilardwicke  was  one  of  the  greatest  law- 
yers who  ever  sat  in  Westminster  Hall.  He  was  a 
great  man  both  as  a  common  lawj-er  and  a  judge  in 
equity."— 2  Twiss'  Life  of  Eldon,  p.  414. 

Mansfield's  Opinion. 

"If  you  wish  to  employ  your  abilities  in  writing 
the  life  of  a  truly  great  and  wonderful  man  in  our 
profession,  take  the  life  of  Lord  Hardwicke  for  your 
object;  he  '.as,  indeed,  a  wonderful  character — he 
became  Chief  Justice  of  England,  and  Chancellor, 
from  his  own  abilities  and  virtues." — Lord  Mansfield. 

Lord  Campbell's  Opinion. 
"Hardwicke  is  universally  and  deservedly  con- 
sidered the  most  consummate  judge  who  ever  sat  in 
the  Court  of  Chancery." — Lord  Campbell. 

Law  Magrizine. 
"It  would  be  difficult  to  find  in  any  age  or  na- 
tion, as  the  production  of  a  single  man,  a  more  vari- 
ous or  comprehensive  body  of  legal  wisdom  than  is 
contained  in  the  reports  of  Atkyns  and  Yesey" 
(Hardwicke's  decisions). — Law  Magazine,  3  Life  of 
Hardwicke,  p.  88. 


DE  LUXE  AUTOGRAPH  ENGRAVINGS 


OF   144 


American,  English  and  Canadian  Lawyers. 


Two  t'k'j^iinl  i>liot(><;ravinv  <^roni)S  of  the  Heacnu 
l.i^ilits  of  .Iiii*is|H'ii(l('ii(('  of  tlu'  Eiij;lisli-sin'akiii|i;  i>ho- 
l»lc,  from  liitllctoii  jiud  Coke  t(»  oiiv  own  time,  from 
tlic  liU'cst  oi'ijiinals  and  jici-soiial  auto.uraplis  by  the 
most  life-like  of  processes.  lOacli  eiij;'raviii<;'  2<Sx3S 
iiK^hes,  Each  bust  2  l-2.\3  1-2  iiuTies,  (For  minia- 
ture of  one-Lalf  De  Lnxe  edition,  see  frontispiece  \'ol. 
I;  for  sinj;le  bnst  «ee  Chief  Jnstiee  Marshall,  frontis- 
piece \'(d.  II.)  Ali>halK'tically  arranged,  with  anto- 
jii'apli  and  date  ((f  birth  and  death  (if  deceased)  there- 
nnder.     Sent  prepaid  at  ^12.50. 

Onr  "I'opnlar  Edition,"  2Sx8S  indies— all  faces 
in  one  enj.'ravinjj,' — bnsts  same  size,  more  closely 
j^fonped,  and  withont  autographs,  but  a  beautiful 
l)iece  of  work,  at  |5.00. 

Hook  of  "Life-Sket<-hes,  TMion^hts,  Facts  and 
Facetiae  of  Eminent  Lawyers.'' — A  key  to  tlie  art 
work,  in  two  large  volumes,  each  5  1-2x8  inches,  both 


('(mtaiiiinj;  ncjirlv  SOO  paj^os.  -  Tlic  w(»rk  is  a  veritable 
cyclupedia  of  lej^al  wit  and  wisdom;  lias  been  Hire*' 
vears  in  ]H'eparali«>n,  under  llie  ediloi'ship  of  (Jilbeil 
J.  (Mark,  Esq.,  of  (lie  Kansas  City  bar,  assisted  by  a 
corps  of  t»ver  lifty  eontributors,  resident  tliroii;^liout 
the  territory  comprised. 

Sent  prejiaid,  clotli,  at  |(!.(M);  one-half  Eii;;lisli 
calf,  marbled  edy;es,  at  -19.00. 

Or  the  antojira]»li  enj;ravinji's  and  the  bixdis  in 
cloth  at  115.00,  or  half-calf  at  .flT.rjt);  books  in  cloth 
with  "Popular  Edition"  at  |S.50.  These  c(nnbined 
prices  will  be  tilled  only  when  cash  accompanies  the 
order.  Or  send  fl  for  14x18  j;ron])  i)icture  of  the 
l»resent  United  States  Supreme  Court,  also  a  minia- 
ture of  "Secios  A"  autoj>rapli  enj;ravin^s,  together 
with  data  as  to  the  bo(dvS  of  "Sketches,  Etc.,"  and 
commendations.  If  books  or  en}iravinj>s  are  subse- 
quently purchased  the  S^iM  will  be  credited. 

LAWYERS  INTEIINATIOXAL  PUBLTSHING  CO.. 

Kansas  City,  Mo, 


A  FHW   OF   THt   MANY  TESTIMONIALS   AS  TO   OUR 
DE  LUXE  AUTOGRAPH  ENGRAVINGS. 

"XcjHJy  ill!  Om'    orcat   ]('a(l«'rH   of   (he    English- 
siM'jilviiio  hai'."— T^oston  (Jm-n  Raj>, 

"OiK"  is  sure  to  find  tlic  very  jnctnivs  lio  is  look- 
ing lor."- -OmaJia  Mcirm-y. 

"We  are  prepared  to  give  them  our  best  reeom- 
iiMMidatioii."— Di'troit  (Vdlector. 

"Xotliino  wliicli  w('  could  iniaoine  would  be  a 
more  al  tractive  ornament  for  a  lawyer's  office,  or  a 
jndge's  cliambers."-  American  Law  Review,  St. 
Lonis,  Mo. 

"ICvery  face  is  that  of  a  lawyer  who  may  justly 
be  claimed  as  deservedly  «'minenf."  Amerlcaii 
i-awyer,  New  York. 

"Xothino  so  elalxuate  lias  ever  before  been  at- 
f<'mi.ted."- Lawyer  and  Oedit  Man,  Kansas  (Mty  and 
St.  Louis,  Mo. 

"So  fa  I-  as  we  can  jud'j»'e  the  likenesses  are  "ood." 
--Detroit  Law  Shidents'  Heli»er. 

"In  most  instan<'es  they  are  surprisingly  j-ood 
likeju'sses."  Irvino'  lin»wne,  ''Rasv  Ohair,"  <}'I'een 
Bag-. 


"The  nuvliniiiral  Avork  has  been  adiiiirablv  done, 
and  the  resnlr  is  a  colU'clion  of  porlraits  which  will 
be  an  ornanicnt  to  any  oUicc,  nedilable  to  the  pnli- 
lishers,  and  satisfactory  to  the  snbs<  ribers." — Law 
Ito(dv  News,  St.  Paul,  Minn. 

"They  are  trnly  works  of  art." — Mr.  Justice  Field. 

''The  idea  of  <'roui)in<;  so  nniny  faces  is  certainly 
a  liai>|»y  one." — Mr.  Jnstice  lirewer. 

"i  am  gratified  to  fhnl  myself  in  snch  distin- 
finished  coiii])any." — Sir  K<lward  ( Marke,  lat«*  Solicitor 
(leiH  ••:i]  of  Kn^laml. 

"riiey  ]>res('nt  an  extremely  interesting'  c(dlee- 
tion." — F.  R.  Oondert,  N<'W  York. 

''lOxtremolv  satisfactory,  I  will  take  it  with  nie 
to  England,  whlllicr  1  ex])ect  shortly  to  ;>o,  an<l  will 
have  it  fi'amed  and  \\uu*i;  in  one  of  the  old  Fnj;lish 
honses."--I)avi<l  Dndley  Field,  N(»w  York. 

"Most  a])propriate  for  a  lawyer's  office." — ^Alex- 
ander Lacoste,  Chief  .Jnstice  of  (^nebee. 

"Admirably  conieived  and  exeented.  It  will  be 
of  valne  to  every  lawyer  who  is  jtrond  of  his  )»rofes- 
sion,and  its  vabie  will  in<'reaseas  the  years  fi,'o  by." — 
lion.  Al]>lionso  Hart,  \Vashln<iton,  D.  C. 

"These  admirable  and  excellent  i»ictnr<'s  shonld 
find  a  i»lac(^  and  a(h)rn  the  walls  of  all  i)nblic  law 
libraries  in  this  Nation." — lion.  Samnel  IT.  Doyal, 
Frankfort,  Ind. 


"T  iun  ,u:r«'ally  iin]>rpss<Ml  with  tlic  clioico  solec- 
tiori  mimI  jii-iiiii;;('iii(Mil,  iind,  indeed,  with  the  entire 
phiii  (d"  the  (wo  piehires.  I  sincerely  believe  that  jill 
lovers  of  (h'velopnient  and  hisloi-y  of  the  hiw,  aiul 
<if  tlie  adniiiiisti'alion  of  Jnslice,  wltliont  reforeneo  to 
professional  life,  will  sincerely  enjoy  t\\\  examination 
of  (he  idctnres  of  these  eminent  j^cntlemeii." — lion. 
II.  M.  .Jackson,  Atchison,  Kansas. 

"The  work  is  artistically  dom',  and  the  collection 
is  line  and  i iit crest inj;'." — J.  It.  Foraker,  ex-(}overnor 
of  Ohio. 


ollld 

law 

oyal, 


"The  ]»rofession  is  nnder  (l«'e])  obli«;ations  for 
(his  j^reat  work.  These  (wo  <;reat  pictnres  will  be  a 
joy  and  a  deli;;ht  to  me  as  lou^x  as  I  live,  and  af(<*r  I 
have  none  they  may  be  a  source  of  pleasure  to  a  son, 
should  (Mie  <»f  my  boys  take  my  ]dace." — lion.  John 
S.  Duckei',  Newport,  Kentu<ky. 

**So  far  as  T  have  ])ersonally  known  the  in- 
dividuals, they  are  exceedingly  well  reju'esented  by 
tlie  enj^rjivinjis,  whose  value  will  increase  as  time 
pa.sses."- -Lyman  Trumbull,  ('hlca};'o,  Illinois. 

"I  wondei*  very  much  how  yon  mana<i'e<l  to  i>'et 
up  so  lar^e  a  number  (»f  such  excellent  poi-t raits,  I 
can  s|>eak  form  personal  a<-«|uaintance  with  many  of 
(he  disdnj^uished  individimls  whos(>  faces  apjM'ar  on 
these  enf»ravinjis,  and  I  can  testify  to  the  reinarkabl(» 
accura<y  of  theii*  delineation.  Y(»n  are  to  Im»  con- 
juratulated  u|>ou  a  remarkable  su<-cess."— Cortlandt 
Talker,  Newark,  New  Jersey. 


"So  fjirj'.s  I  ixTsoiiiilly  know  tlio  snbjocis,  or  liavo 
known  llicni,  tln'V  arc  nccnralcly  |ioiMi'iiy«'(l.  'riici-c 
is,  I  lliink,  no  t'Xccplion  lo  litis  sliit<>nu>nl."-  lion. 
Tlionnis  .M.  Coolcy,  Ann  Aihoi-,  Michigan. 

''.My  lliiiiiks,  pi-oscnf  nnd  cvcrlnslin^',  Jii-c  dnc  yon 
for  ii  ro|»y  of  (lie  dc  jnxc  cdilion  of  ||n'  »'n^i'iivin;;s 
'Imminent  .Vniniciin,  lOn^lisli  ami  Canadian  LawuM-s.' 
The  woi-k  is  a  r<'al  trcasnic,  and  I  shall  ,niz('  it  ac- 
cttrdin^ly.  It  is  a  pi<M('  of  music  in  li;^lil  ami  shadow, 
with  only  one  iliscoi-di'.nl  iiolc,  that  noto  hcin;;  my 
own  portrait;  wliirli  is  ont  of  |da(-<>  in  a  conijxisition 
of  so  hi^h  an  order.  My  sclflovo  is  ilatlcrcd,  Init  my 
sober  sense  dennirs.  I  feel  I  he  awkward  embarrass- 
ment of  a  riisti<-  in  elenanl  and  relined  rompany."  K. 
I').  IMeckley,  e\-(  "liief  .Instiee  of  ( Jeorjiia. 

"An  admii-able  work  of  art,  and  the  };ronpin^  is 
well  devised.  Snrcess  has  crowned  yonr  elToi'ts."  - 
lion,  'riuniias  J.  Senimes,  New  Orleans,  Lonisiana. 

"The  pici  :ir<'s  ai'c  uniformly  j^ood,  and  the  execu- 
tion refle<-t:;  credit  on  your  enterpi-ise."  lion.  I'.  M. 
IJose,  Kittle  h'ock,  .\rkansas. 

"I  am  verv  much  ideascd  with  the  eni-ravinjis. 
They  aje  very  handsomely  j^otten  up."  Hon.  .lames 
().  Ilroadhead,  IJerne,  Swit/.erland. 

"The  set  of  jxtrtraits  came  safely  ami  I  aui  much 
jdeased  witli  them.  The  likenesses  appear  to  be  very 
.ii,(Mid."-  lion.  James  T.  Mitclndl,  Supreme  (*onrt  of 
IN'nnsvlvania. 


IS 


K'S 

icll 

'1  y 

of 


"Tlic  pliiii  is  cxct'lliMil  iiiid  llic  piu'lrjiits  lifclikf. 
Il  ^ivi'S  iiic  I'f'Jil  s;ilisriicli(»il  In  be  jildc  1(»  sec  <;ion|M'il 
so  iiiiiiiy  of  ilic  iii'ciil  liiwycrs  iiml  JikIucs  ol"  l-iii^ljiinl 
iiiiil  Aiiicririi;  iiiiiny  of  wlioiii  I  know,  jiikI  jiII  of 
w  lio  II  iii'c  know  II  lo  our  profession.  'I'lic  pa^cs  of  llio 
books  iTcciNrd  ji'nt'  piomisc  of  piciisiinl  iind  intrrt'sl- 
nijn  rciidin;;."     lion,  .lolni  l\  Dillon,  New  Voik. 

"All  li.ulii  cvciy  wiiy."  If.  (i.  Imj;(M-soII,  New 
York. 

"It  oiiulil  (o  linnji  in  cvcfy  kiwyci's  ollicc.  TIn' 
price  for  lliese  speiikiii;^  likenesses  is  jibsnrdly  low, 
iind  pliiees  il  wiiliin  llie  rencli  (d' ('\er\  Inwyer."  O. 
i;.  IJennell,  Corpus  Cliristi,  Texjis. 

"N'cry  bejuilifnl  ;uid  nicrilorions."-  Ibm.  Sey- 
inonr  I),  'rinnnpson,  Si.  Louis,  Missouri, 

"TiM'y  ceiliiinly  niiike  (bdijulilfiil  nnd  ins|>irin;; 
coinpiiny  for  ;in  e;irnes|  kiwyer.  I  nni  plensed  witli 
your  iitlioii  ill  enlnriuinii'  llie  'Skelclies'  lo  tlie  in- 
lended  pi  opoil  ion*<.  l''ro:ii  IJie  s;lliiple  pjiyes  st'lll  I 
Jinlieip.ite  iiMleli  plejisiire  fl'tnil  llie  pel'lisjil  of  these 
books."  -lion.  •!.  II.  Iionj;i'iU'eki'r,  Jledford,  I'enii- 
slyviiniii. 

"I  ant  vt'vy  iiincli  pleased  witli  the  idea  and  (lie 
nianner  in  wliie!i  ilie  work  lias  been  done."  John  D. 
Lawson,  Professor  of  (Nniinioii  Law,  rniversily  (»f 
Missoiii'l. 

"Excellciif  in  oxccntioii,  and  iiiost  interesting'." — 
J.  W.  Bryan,  Ex-Lient.  Guv.  Ky. 


"T  know  of  no  finer  ornament  for  a  lawyer's  office 
or  library." -(Je(>.  K.  Teck,  (len'i.  Solieitor  A.  T.  &  S. 
F.  liy.  Co. 

"I  apiH'cclale  (lie  aniooraplis  as  (»ne  of  the  eliief 
merits  of  (lie  work." — Jos.  T.  Harrison,  (  inclnnaii,  O. 

"The  collect inj;-  and  i>reservin.u-  in  sneh  perferl 
and  artistic  form  these  portraits  of  144  of  the  fjjreat 
le<;al  luminaries  ninst  have  been  a  work  of  ^reat  care 
ami  labor.  Tlies<'  jxn'tralts  ami  antoj^raphs  afford 
j-reat  insjdration  to  all  the  fhonjihtfiil  members  of 
the  honorable  iirofession  of  the  la\v."-~IIon.  ilenry 
(May  White,  Cleveland,  O. 

*'In  my  estimation,  no  lawyer's  ollice  Is  cmnplete- 
ly  furnished  withont  these  en^raviniis  to  decorate  iis 
walls.  They  are  the  most  api)ropriate  i»iece  of  fnr- 
nitnre  (hat  a  law  office  can  contain." — Jas.  ( '.  Thomas, 
l']rle,  Pa. 

''They  are  very  interesting  and  admirably  exe- 
^.,i(,.,l."__ll,,,,.  .lames  M.  NVoolworth,  Omaha,  Neb. 

"The  faces  of  the  men  whom  1  have  personally 
known  are  represented  with  remarkable  si)irit  and 
fidelity."— Hon.  (Jeorj^e  F.  lUnw,  Worcester,  Mass. 

"The  en<;ravin^s  are  tine,  indeed,  and  I  believe 
will  be  most  welcome  to  the  bench  and  bar  all  over 
the  land."— A.  11.  CJarland,  Ex-Atty.  (Jen'I.  U.  S. 


KRRATA. 

VOL.  I. 

Page  43,  line  21.  for  ••changes"  read  "clangers". 

I'age  lie,  line  11,  lor  "I"  read  "It". 

Page  150,  line  13,  for  ••K.  C,   Whipple"  read  '•1",.  P,  Whipple" 

Page  172,  line  5,  siib.stitute  comma  for  jieriod  at  e)ul  of  line. 

I'age  180.  line  7,  for  ••Johnson"  read  -'Jonson'  . 

Page  236,  line  2,  for  "his"  read  "this". 

Page  343,  lines  iS  and  1'),  for  '•  J'.nch.irist"  read  "l-nch.irist". 

Page  345,  line  it.  begin  'train'    with  c.ipital  letter. 


